Los Angeles Webster Commission records, 1931-1992

Santa Ana police department materials, 1990-1992

(USC DC Other)

Santa Ana police department materials, 1990-1992

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Content Expmdit~Catqory
l. Salaries and Wages
I.a. Amount of overtime
pay included in the
lolal salaries and
wages reported on
line 1.
2. Retirement and Employee
Benefits (Employer Costs)
3. Operating Supplies and
Expenses
4. Contract and Other External
Services (includes charges
from other city departments
for services provided the
police department)
5. Equipment and Facilities
6. Other
Total Expenditures
Funding Sources -% of total
expenditure provided by:
Federal
Stale
Local and all other
ExPENDmJRB INFoRMATION - 10 YEAR PROFILB
(SIN CDJ's)
Adul F'.aal Yrs 1990-91 Adal F'.aal Year 198S-86 Adal Fllclll Yes 198D-81
( ) ( ) ( )
$ $ $
% %
9f,
% %
9f,
% % %
100% 100% 100%
0 4 ...
SANTA ANA POLICE DEPARTMENT
POLICING PHILOSOPHY
OF THE
CHIEF OF POLICE
January 1992
The community of Santa Ana is as diverse and turbulent as any
community in America. Accompanying these characteristics is a
natural feeling of uncertainty and ambivalence about the future.
What is needed is continuity and stability in certain basic areas
of life, in particular the areas of safety and security.
I believe that one way to provide continuity in safety and ·security
is to have a clear and stable philosophy by which to guid~ .the
, , '
determination of priori ties and decisions in polici n,., · - have
prepared this document- -F-- _._, •
values and
community an
be implemen1
fundamental ,
have helped s
remain relati
This is not ti
and beliefs i
change will cc
and would reqt
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'the
:his
>uld
as
hey
to
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lCh
This statemen a philosophy of Community Oriented
Policing and specifies a vision of outcomes for our community. I
believe we can fulfill this vision if we work together effectively
using the two complementary policing strategies of Response to
Incidents and Problem Oriented Policing. Each of these strategies
offers its contributions to a comprehensive and balanced approach
',,
SANTA ANA POLICE DEPARTMENT
POLICING PHILOSOPHY
OF THE
CHIEF OF POLICE
January 1992
The community of Santa Ana is as di verse and turbulent as any
community in America. Accompanying these characteristics is a
natural feeling of uncertainty and ambivalence about the future.
What is needed is continuity and stability in certain basic areas
of life, in particular the areas of safety and security.
I believe that one way to provide continuity in safety and ·security
is to have a clear and stable philosophy by which to guide ,the
,, '
determination of priori ties and decisions in policing~ I have
prepared this document for this reason. I want to clearly state 'the
values and beliefs I · hold about the policing function in this
community and the major strategies and tactics by which it should
be implemented. I regard the ideas I have written here , as
fundamental and direction setting. For more than 20 years they
have helped shape my career in law enforcement. I expect them to
remain relatively constant throughout the remainder of my tenure.
This is not to say that I cannot or will not ever modify my values
and beliefs in the face of change. It is to say that any such
change will come only after careful study and thoughtful reflection
and would require powerful changes in circumstances.
This statement describes a philosophy of Community Oriented
Policing and specifies a vision of outcomes for our community. I
believe we can fulfill this vision if we work together effectively
using the two complementary policing strategies of Response to
Incidents and Problem Oriented Policing. Each of these strategies
offers its contributions to a comprehensive and balanced approach
to maintaining high levels of safety and security throughout our
community. Here is what I believe.
The community of Santa Ana deserves and should receive nothing less
than the very best police services available to any coiµmunity .·in
America. In order to do this, I believe the entire Police
Department, including every sworn officer, civilian member,
associated City officials, suppliers, vendors and other
stakeholders in our mission, must focus their full on-duty
attention to meeting and satisfying the safety and security needs
of our community. All Police Department decisions and actions
should be taken in the context of the Department's central mission:
TO ENSURE THE SAFETY AND SECURITY OF ALL PEOPLE
IN OUR CITY BY PROVIDING RESPONSIVE AND
PROFESSIONAL POLICE SERVICES WITH COMPASSION
AND CONCERN.
There has been a debate within this Department, and among police
and public officials in many other parts of our country, between
forces for traditional policing and those who favor crime
prevention through problem solving. The traditional approach to
policing emphasizes swift reaction to community needs and
occurrences of crimes and disorder. Those who favor the proactive,
problem-solving approach stress the long-term benefits of crime
prevention.
Dividing these two approaches to policing from each other sets up
a false situation. The true reality is that communities need both ·
services--swift police response to crime and disorder AND crime
prevention and problem-solving. I believe that both approaches are
necessary for effective police service. Both approaches should be
used with intelligence to achieve a comprehensive policing approach
to serve the community in a balanced manner. I call this approach
"Community Oriented Policing."
2
COMMUNITY ORIENTED POLICING PHILOSOPHY
Community Oriented Policing (COP) is a policing philosophy based on
several key values and beliefs:
o COP considers the mission of police is to provide
professional, disciplined policing services designed to ensure
the safety and security of our community.
o COP embraces two key policing strategies: Response to ·
Incidents (R2I) and Problem Oriented Policing (POP).
o COP balances the use of these two strategies through careful
continuous analysis of activity patterns that permit
differentiated police response to community needs.
o COP requires the professional commitment and creative
involvement of every member of the police department,
associated public and private agencies and members of the
community.
o COP recognizes that, regardless of a person's socio-economic
status, race, national origin, language, age or religion, each
person has a right to high quality police services.
o COP also recognizes that crime and disorder are only pa.rt of
the many issues that police have to deal with in a cpmplex ~nd
dynamic city.
o COP expects and desires to be appraised for its effectiveness
in serving the Santa Ana community according to measures that
will provide feedback for continuous improvement in policing
services.
3
o COP is a system by which all police services are provided to
the community including all the following fundamental police
functions:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Responding to citizen calls for police assistance
Enforcing the law
Maintaining order in the community
Providing emergency services
Preventing crime
Investigating criminal activity
Arresting and interviewing offenders
Collecting and analyzing evidence
Assisting with the prosecution of offenders
Testifying in court
Incarcerating offenders and managing the jail
Traffic management and services
Organized crime intelligence gathering and
investigation
Vice control
Investigating drug related crimes
White collar crime
Juvenile crime
Crime Prevention
Dispute resolution
Community education
Providing information and referral
Special event management
Providing special police service for special
community circumstances
Working with other law enforcement agencies,
local, state and federal
OUTCOMES ENVISIONED FROM COP
As a consequence of fulfilling these fundamental policing
functions, in the context of the Community Oriented Policing
Philosophy, I envision and am committed to producing these
community outcomes:
• A safe and peaceful community with neighborhood pride
• Effective crime prevention and law enforcement
• Swift apprehension of offenders
• Safe flowing traffic
• No visible signs of disorder
• Effective relationships with the community and other
organizations
• A vital economic climate for business and a nurturing
community climate for residents
4
I
,,
r----------------- --------------------------
POLICE PROFESSIONALISM AND DISCIPLINE
The philosophy of Community Oriented Policing is rooted in
credibility between police and the community. To maintain this
high quality relationship, all cases of police response to
community needs, whether reactive or proactive, must meet the
highest standards of discipline and professionalism. All police
personnel must be carefully selected and fully trained to provide
the competent services for which they are responsible. In a highly
professional department, the limits of officer discretion for
handling events can have wide latitude. It requires the thoughtful
self-discipline of every individual in the department. However, to
maintain that latitude and continue to enjoy the respect and
cooperation of our community, each of us must personally share the
burden of accountability to the rest of us for maintaining the
highest standards of professional behavior or else all of us will
suffer the consequences of low community confidence in the police.
I regard it as among the most important functions of police
leadership to establish and embody such high professional standards
of behavior and to assure, without exception, that every individual
in the Department does the same. Nothing less than the trust of
our community and our colleagues is at stake in this regard.
Without this trust, effective Community Oriented Policing is not
possible. There can be absolutely no doubt about my unwavering
commitment to the maintenance of professionalism and individual
discipline in the Santa Ana Police Department as we respond to the
emerging needs for police services in our community.
TWO COMPLEMENTARY POLICING STRATEGIES
I believe in the use of two complementary policing strategies for
achieving a high level of excellence in fulfilling the fundamental
police functions: RESPONSE TO INCIDENTS ( R2I) and PROBLEM
ORIENTED POLICING (POP). Neither of these two strategies has
precedence over the other and neither can be fully successful
without the other. They both work toward the same goals from two
different orientations. R2I is primarily oriented toward reacting
to criminal or emergency events that have already occurred. It
also includes responding proactively to crime patterns with
anticipatory tactics such as directed patrol, targeted
identifications, etc. POP is oriented to preventing criminal or
emergency events from occurring. As each strategy is effective, it
assists in the effectiveness of the other--they complement each
other. Their impact on priority selection is to require the
consideration of both orientations whenever policing decisions are
being made.
RESPONSE TO INCIDENTS
The complementary strategy of Response to Incidents is oriented
toward reacting to criminal or emergency events that have already
occurred. In the face of such occurrences, the police function
must be a swift response to establish and maintain effective
control over the situation. There is no substitute for the police
in this function and providing it is our most central community
service. By doing so, we contribute most immediately to the
mission of ensuring the safety and security of all people in our
community.
The R2I strategy must be carefully managed or else police resources
will quickly be overwhelmed by community demands. To serve our
community best through the R2I strategy, we need to invest in
current technology for communications, information, case management
and analysis, transportation and other aspects of our work.
However, we must utilize the total resources of the Department,
technological and human, in a balanced way that produces not just
activity, but results--results that can be measured against our
mission statement.
The increasing pressure for police services requries us to monitor
demand and accurately research as many creative ways as possible to
respond to the needs. We know that there are many ways to respond
to calls for assistance, for example, that do not require the
6
immediate dispatching of an officer in a patrol car. Other, less
expensive, responses will satisfy the need effectively. Only a
relatively small percentage of calls truly require urgent police
response. Those few times, however, are the times when it is
important to have police resources ready and available for rapid
responses. Our officers and investigators must be fully trained
and mentally sharp when they respond to reports of in progress
crime. Those are the times when people may be in the greatest
danger. Police will also face their greatest risks on these
occasions. This is no time for carelessness. In our line of work,
a brief mental lapse can literally get you, or someone else killed
or seriously injured. These are the moments we train for, our
opportunities to use our skills with intelligence and concentrated
attention to detail. We must be careful--full of care--for our
community and ourselves when we are responding under pressure to
the legitimate emergency needs of our community.
Managing the limited resources of our Department to respond
effectively to incidents and calls for service to produce the
greatest positive advantage for the Santa Ana community will
require us to use our best informed professional judgment. I am
convinced that an important part of our attention must be ready for
rapid response to incidents--the R2I strategy. But we can't rely
on this strategy alone to achieve our mission. Instead, we must
balance the R2I strategy with the problem-solving strategy.
PROBLEM ORIENTED POLICING
At the heart of the POP approach is the concept that police ·must
become more responsive to the causes of crime than merely dealing
with the results of crime. I believe maintaining "netghborhood
wellness" can be more beneficial to the community than ' only
treating a "neighborhood illness." This approach marks a
significant shift in how both the public and the police view the
role of law enforcement in the community.
7
In its implementation, I believe this problem-solving approach to
policing exhibits the following characteristics:
o It is a proactive, decentralized approach to providing
police services which is designed to reduce crime,
disorder and, by extension, the fear of crime throughout
the neighborhoods of our City.
o This effect is achieved primarily by intensely involving
officers in neighborhoods on a long-term basis. This
involvement permits credible relationships to .. de~elop
based on mutual trust and cooperation between the
community residents and their police officials.
0 A variety of proactive problem-solving techniques ' are
applied to develop a high level of information exchange
and mutual influence in determining policing priorities
and tactics for the area.
o It distributes police services more effectively across
our community and targets high crime areas for problem
solving activities to define and deal with the causes of
crime.
o It helps to neutralize the undue influence of special
interest groups that can be the recipient of preferred
services if there is no system of community-based
priorities already in place.
ACHIEVING THE BALANCE BETWEEN R2I AND POP THROUGH
DIFFERENTIATED POLICE RESPONSE
The balance between these two complementary strategies can be
achieved by intelligently applying the tactic of Differential
Police Response (DPR) to calls for assistance and careful
involvement with our community. DPR actions result from competent
8
I
I
analysis of the demand patterns that are made on our Department by
the community, followed by the development of imaginative
alternatives to traditional police reactions--al ternati ves that
provide even better community police services and at a lower cost
than traditional rapid response.
o Some calls are time critical and some can be deferred.
Some responses must be made in person while others can be
handled by telephone.
o Some crimes occur as isolated incidents. Others are part
of a pattern that springs from a serious deficiency in
the community.
o Some problems can be effectively addressed specifically
by police. Others require the coordinated efforts of
police and other agencies in the government and the
community.
I believe it is crucial for us to expand our range of possible
responses to community needs and allocate our resources for the
best comprehensive effect in the community. For this system to
work, each person needs to understand the comprehensive approach '
and individually act in ways that support achieving the
Department's mission.
SPECIFIC ACTION PLANS FOR IMPLEMENTING THE
Community Oriented Policing PHILOSOPHY
Implementing the Community Oriented Policing philosophy will take
time and require substantial effort. The results, I believe, will
be well worth the effort, however. Here is a seven step plan I
believe will get us off to a good start and complement what we have
already accomplished.
9
.I
1. Conduct the implementation of the Community Oriented
Policing philosophy within the context of the City's commitment to
Total Quality Management which represents values and strategies
that are fully compatible with this philosophy.
2. Define and develop the work of the Chief's Task Force on
Community Oriented Policing. The responsibilities of this Task
Force will be to help guide the full implementation of this
philosophy throughout the entire Department including reviewing our
organizational structure, performance evaluation and reward
systems, recruiting and training practices and deployment
strategies. This Task Force will be made up of officers and
civilians from all ranks.
3. Create a Police Stakeholders Task Force, chair~d by the
Chief. The responsibilities of this Task Force are to revie, w .the
criteria and values by which police functions and services to the
I I
community are evaluated in the context of a Community Oriented
Policing philosophy and a commitment to Total Quality Management.
The Task Force will be composed of representatives from the Police
Department, other related city agencies and community groups. ,
4. Implement a new state-of-the-art Computer Aided Dispatch
System to enable swift · response to emergency community needs and
analyze information for informed anticipation and prevention of
crime and emergencies.
5. Provide training for all Police Department personnel that
is designed to enable the full implementation of the Community
Oriented Policing philosophy in the context of Total Quality
Management.
6. Conduct a full evaluation of the experiences of our
experimental Westend District and review the recommendations for
possible application to other District operations.
10
V
7. Design and build a new Police Department facility and
jail that fully reflects the central functions, values and vision
of the Community Oriented Policing philosophy.
SUMMARY
This statement describes a philosophy of Community Oriented
Policing and specifies a vision of outcomes for our community that
can be fulfilled if we work together effectively in the context of
our City-wide Total Quality Management process. The two
complementary policing strategies of Problem Oriented Policing and
Response to Incidents each offer contributions to a comprehensive
and balanced approach to maintaining high levels of safety and
security throughout our community.
This is not, and never will be, a completed statement, however.
The process of Community Oriented Policing will go on indefinitely
and will continue to adapt to the changing needs of our dynamic
community. We all must continue to review our effectiveness, plan
new and better ways to accomplish our mission, verify the
appropriateness of new methods, and take the initiative to make
continuous improvements in all of our police activities. Together,
we can create the finest Police Department in America.
11
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',,
I
1: 1
QUESTION #22
The Santa Ana Police Department uses Differential Police Response
(DPR) in an effort to use our sworn personnel to their best
potential. We have six substations staffed with non-sworn
personnel. When we receive late calls, other than burglary
reports, we refer the caller to one of our substations for
telephonic crime reports. We utilize our Front Desk in the same
manner on a twenty four hour basis.
We have no exact figures on what the ratio of calls are handled
by telephone because many of our citizens call directly to our
substations and the Front Desk to have reports taken. I would
estimate that one third of our crime reports are handled over the
phone.
QUESTION #23
Generally we will take low priority - after incident calls over
the phone. We will send a police unit if suspicious
circumstances still exist or if there are active leads which can
be investigated.
SWORN
#
392
%
NONSWORN
#
196
%
TOTAL
#
590
%
SWORN
#
392
%
NONSWORN
·r
196
%
ETHNIC/SEX COMPOSITION
As of
5-31-92
CAUCASIAN HISPANIC BLACK
268 103 10
68.3 26.2 2.5
111 67 8
56.6
'
34·. 2 4.1
379 170 18
64.2 29 3.1
MALE FEMALE
377 15
96.2 3.8
32 164
16.3 83.7
ASIAN
10
2.5
10
5 .1
20
3.4
AMERICAN
INDIAN
2
. 5
2
. 3
THE SANTA ANA POLICE DEPARTMENT
OUB Yl§ION
A Community Oriented Police Department committed to:
High Quality Services
Innovative Leadership
·'
Problem Prevention
throu~ highly trained and professional. employees in modem
facilities using the latest technology. . .
OUR PURPOSE
To ensure the safety and security of all people in our city by providing responsive
and professional police services with compassion and concern. Our mission is
accomplished within the moral and legal standards of our community, through a
problem solving partnership with the community and members of the Department.
OUR VALUES
INTEGRITY
We value adherence to the rule of law, to the Constitutions of California and
of the United States, and to utmost honesty.
SAFETY AND SECURITY
We value working to create and maintain a safe, secure, and enjoyable
working and living environment for community members, for visitors, and for
ourselves. · ·
COMMUNTIYPARTIC~ATION
We value working with Santa Ana's diverse communities to ensure the safety
and security of our neighborhoods.
SERVICE
We value providing equally to all people fair, courteous, responsive, and
efficient service which observes each mdividual's dignity and worth. ·
ORGANIZATIONAL GROWTII
We value the creation of an environment which focuses on solving problems
through teamwork, participation, cooperation, and enthusiasm fostered by
decisive, professional leaders who supp¢rt creativity and innovation.
(
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Yr. Code 90/2
SANI'A ANA POLICE DEPARTMENT
DEPARTMENTAL ORDER NO. 640
PROCEDURES GOVERNIN3 COMPLAINTS OF POLICE PERSONNEL MISCONDUCT
I
PURPOSE The purpose of this Order is to establish policy and procedures
for the disposition of complaints regarding the conduct of
employees of this Department.
BACKGROUND
The police officer today in every community is an unmistakable symbol
not only of the law, but of the entire "establishment". Because of
this, he is the obvious target for grievances against any shortcomings
of our governmental system. The policeman can solve the complex
problems of a community only when working in concert with an entire
community. The police can, and must, however, recognize their
responsibility to serve all the public to the best of their ability.
Fair and impartial law enforcement which respects the individual dignity
of all men is essential and must be accomplished with tact and diplomacy
whenever possible, force only when necessary, and then only that amount
of force as is necessary.
The police officer must professionally and objectively investigate all
citizen complaints as expeditiously as possible in order to arrive at
all the facts which will quickly clear the officer's name or
substantiate the citizen's complaint, whichever is appropriate.
II POLICY
It is the policy of the Santa Ana Police Department to accept, register,
and thoroughly investigate all complaints of alleged misconduct on the
part of the police and non-s\.vOrn personnel which emanate from within the
Department or from outside sources.
III MISCONDUCT
Misconduct is defined as the violation of any law, written departmental
order, rule, regulation, policy, or written or oral order.
IV PROCEDURE
A. A complaint from any person alleging misconduct by personnel of this
Department shall be directed to the concerned Section Corrrnande:, or
hi's designate, if lodged during the Section Commander's working hours.
(
(
Departmental Order No. 640 Page 2
B. Should the complaint be received during the
Corranander's off-duty hours, the complaint shall be
on-duty Station Corranander, his designate, or
lieutenant.
concerned Section
received by the
an on-duty field
1. In all cases, it will be the responsibility of the person
receiving the complaint to listen to the entire account as
described by the complaining party. He should then evaluate the
complaint and determine if a possibility of officer misconduct
exists.
If this possibility exists, the complainant will be provided
with a Complaint Form to start the administrative process. A
Supervisory Log entry will also be completed to document the
incident and alert the concerned officers' supervisors of a
forthcoming complaint.
2. Many times a complaint is based on a misunderstanding of
department procedures. On some occasions, complaints are
frivolous or unfounded on their own merits. If this is the
case, the person receiving the complaint should attempt to
resolve the issue to everyone's satisfaction. However, should
the citizen still demand to file a formal complaint, it will be
handled in one of the following ways:
a. If the person receiving the complaint is at the rank of
sergeant or corporal, he will provide the citizen with a
complaint form and complete a supervisory log entry.
b. If he is at the rank of lieutenant or higher, he may
conclude the investigative process at his level. He will
be required to complete a log entry documenting the
incident and the actions he took. This must be completed
and submitted prior to his end of watch.
3. When a complaint form is received, copies will be forwarded to:
a. The -chief of Police (original)
b. Concerned Division Corrmander
c. Concerned Section Conmander
d. Corranander of the Field Support Division
(This same distribution shall also apply
complaint arising out of a police incident
anticipated.)
as a warning when a
can reasonably be
(
. • • • . • ' ' .' ... . ' .. , . ,: ,. \. .,. , . . ....... \ .' \ ,!\,'\/\.'\,' , .. \,,' \ .'".ai,'\,' "l.'.'1.:)~~
Departmental Order No. 640 Page -3
c. Report of the complaint will be forwarded to the above, no later than
9:00 a.m., the following working day.
D. Complaints generally will not be accepted from persons under eighteen
(18) years of age, unless accompanied by a parent, guardian, or
responsible adult. It is encouraged that an adult be involved if
available. The intent is to assure the Department that a responsible
person is aware that a complaint was made and accepted. If we are
unable to contact a responsible adult, the complaint will be received
for further administrative evaluation.
E. In the event of a telephonic complaint of misconduct of personnel of
this Department, the complainant should be asked to come to the
station irrnnediately to register his complaint. If the complainant is
unable to respond and the complaint is alleged against personnel on
duty, the Station Corrnnander or Section Corrnnander shall direct ·his
designate to contact the complaining party at a location agreeable to
the complainant.
F. Should the telephonic complaint concern personnel of another section
on an . . off-duty status, the person receiving the complaint will record
all pertinent data, such as full name, age, address, phone numbers of
the complainant, and other person( s) pertaining to the case and
nature of the complaint. He will inform the complainant that he will
be contacted by a member of this Department as soon as possible. The
routing of the telephonic complaint will be consistent with the
procedure in IV, A, this Order.
G. When a letter of complaint is received at the station, use the same
procedure as in IV, A, this Order.
H. When a complaint is being received, it is generally beneficial to
hear the whole complaint without interruptions .•
I. If the complaint is being received at the station, note the condition
of the complainant. Is the complainant rational, agitated,
intoxicated, under the influence of drugs, mental disorder, etc.
1. The complainant should be encouraged to write out his complaint
on a form which will be provided.
2. If the complainant desires, he will be provided with a suitable
location in the building so that he may complete his complaint
undisturbed.
3. If the complainant's handwriting is illegible, he will
afforded the opportunity to dictate his complaint.
be
4. A typewritten copy, i f necessary, accompanied by the original,
shall be forwarded as in N, B, this Order. Both copies should
bear the signature of t he complainant , the cate, and t he t i me.
5. If the complainant is reluctant to sign the form, furnish his .
name, or otherwise cooperate, every effort will still be made to
obtain the facts in order to resolve the complaint.
(
Departmental Order No. 640 Page 4
V
J. When a complaint is received during the normal working hours of
Internal Investigation (Monday through Friday, 8:00 a.m. to 5:00
p.m.) by the Station Corrrnander, Section Corrmander, or their
designates, and it appears to be of a nature which may require
discipline beyond the authority of the Station Corrrnander or Section
Commander, the person hearing the complaint shall immediately inform
the Field Support Division Corrrnander. If the Field Support Corrrnander
is unavailable, contact can be made directly with the Internal
Investigator(s) if available, in order to relinquish the
investigation, should it appear necessary. If neither are available,
it shall be the duty of the Station Comnander or his designate to
accept the complaint and report it to one of the above as soon as
possible.
K. When an allegation is received, the Station Corranander will review the
complaint and make every possible effort to resolve the allegatjon.
If the complaint cannot be resolved on this level, the Field Support
Division Corrrnander will review and direct the same to Internal
Investigation for investigation.
INVESTIGATION
A. The officer assigned to investigate alleged act(s) of misconduct on
the part of any member of this Department shall conduct a thorough,
accurate and objective investigation. Such investigation shall
include formal statements from all parties concerned, the gathering
and preservation of any physical evidence relative to the case and
all other information bearing on the matter.
B. The officer(s) under investigation shall be notified of the
allegations as soon as possible and given the opportunity to assist;
however, if the notification to the accused officer(s) 'wOUld hinder
the investigation, the complaint shall remain confidential.
VI COOPLETED INVESrIGATION SUBMITTED' TO THE CHIEF OF POLICE
A. A written report of the completed investigation shall be received by
the Chief of Police through the chain of corrrnand not later than
thirty (30) _ calendar days from the date the complaint was received.
The officer assigned to investigate the complaint will endeavor to
complete the investigation within twenty (20) calendar days. In
those few instances where an investigatioQ could exceed twenty (20)
calendar days the investigating officer shall seek his/her Section
Corranander's approval for an extension and to establish a new
completion date. FOR ASSisrANCE IN THE PREPARATION OF THE WRITTEN
REPORT, REFER TO DEPARTMENTAL ORDER 406, ADMINISTRATIVE WRITIN:; GUIDE
FOR SUPERVISORS.
B. The written report should be written in the following manner:
1. Summary of the nature of the complaint.
2. Complainant's full name, address, telephone number, - business
name, business address, business telephone number, record with
SAPD and other complaints reported by the complainant.
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Departmental Order No. 640 Page 5
3. Infonnation relating to witnesses should be provided as in
Section N, B., 2, this Order.
4. Accused employee(s) name, rank, assigned shift, and days off -
indicate if on vacation.
5. The report should be written in the first person.
6. Last names of complainant, witnesses, and officer(s) should be
prefaced above their statements, Example:
"Interview of Jones"
7. State the date, time and location of interview.
8. Occasionally preface the last names of sworn members of the
Department with the title "Officer" to avoid any confusion.
9. Evidence such as photographs, tape recordings sketches, medical
reports, legal documents, arrest reports, etc., should be
attached to the original report that is to be sul:mitted to the
Chief of Police. In alleged criminal matters, evidence should
be. handled as in other criminal cases, indicate chain and
location of evidence.
C. A conclusion for each allegation should be included as follows:
1.
2.
3.
4.
5.
Unfounded - the allegation is false or not factual.
Exonerated - the incident occurred but was lawful and proper.
Sustained - the allegation is supported by sufficient evidence
to justify a reasonable conclusion of guilt.
Indicate the Departmental Order number and Section from the
employees Manual of the Santa Ana Police Department, any
violation of the city, state or federal law.
Misconduct not based on the complaint - to be used when the
investigation reveals misconduct of the employee which was not
contained as an allegation in the original complaint.
Not sustained - to be used only in those extreme cases where the
investigative officer is unable to.determine the validity of the
complaint and cannot arrive at any other recommendation.
D. A recommendation will be included.
E. The report will be signed by each investigator completing such report.
F. Total time spent on investigation, such as travel, interviews,
dictation, and typing should be noted in the lower left corner.
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Departmental Order No. 640 Page 6
VII ALLEGATIONS OF A CRIME
A. When the allegations indicate a crime and the evidence is such that,
had the action been by a private person it would result in his
arrest, the investigating officer will immediately inform the
concerned Division Corrunander and the Chief of Police to determine
whether:
1. The accused should be arrested forthwith.
2. A warrant for his arrest should first be obtained.
3. Criminal action should be delayed, pending further investigation.
4. The accused should be taken into protective custody, pending a
decision by the Chief of Police
Protective custody - when an employee is physically or
mentally incapable of properly caring for himself.
Maximum discretion should be used in this type of situation.
5. H~ shall be relieved of all weapons in the interest of safety.
VIII ARRESTED SIDRN EMPLOYEE
A. When a member of this Department has been arrested by this Department
or other jurisdictions, the Chief of Police shall be notified
immediately. If the Chief of Police is unavailable, the concerned
Division Corrunander shall be notified.
1. The Station Commander, Section Commander or his designate shall
proceed to the place of confinement and advise the member that
he is placed on administrative leave effective immediately,
pending further investigation. The employee shall be relieved
of Departmental property in his immediate possession, and such
property shall be delivered to the Chief of Police. Steps w ill
be taken immediately to obtain the Departmental badge and
identification card of the concerned employee if it is not in
his immediate possession.
2. An immediate investigation · shall be conducted by Internal
Investigation and the results corrmunicated to the Chief of
Police and concerned Division Commanders as soon as possible.
3. If investigation discloses that the arrest was unwarranted, the
member will be returned to full regular duties without loss of
pay or benefits.
4 .. If the arrest is warranted, Departmental action shall be
initiated immediately through the Chief of Police.
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Departmental Order No. 640 Page 7
IX COMPLETED INVEsrIGATION RECEIVED BY THE CHIEF OF POLICE
A. Upon receipt of a completed investigation, the Chief of Police may:
1. Order further investigation if necessary. Determine if any
violations of law, departmental policy or rules and regulations
have occurred.
2. Make a decision for disciplinary action or other disposition.
3. Inform the accused in writing of
investigation and the disposition.
the results of the
4. Direct that results and disposition concerning the investigation
be preserved in the employee's personnel file.
DISPOSITION
A. Upon the completion of an investigation and a disposition by the
administration, the Internal Investigation Section shall review the
report and prepare a surrnnary for the involved officer's personnel
file. - The surranary shall lead off with the disposition of the
complaint in capital letters, i.e., susrAINED, UNFOUNDED, etc. At
the base of the surranary, the disposition shall again be indicated in
capital letters. The complete investigation shall be maintained and
filed in the Internal Investigation Section and only the surrrnary
shall be placed in the officer's file.
B. When there is more than one officer involved, individual sumnaries
will be prepared for each officer regarding his involvement and the
disposition. This one sheet of paper will then be placed in his
personnel file. Each officer involved in a citizen complaint will
receive a copy of the surranary.
C. Prior to the disposition being placed in the concerned personnel
file, the officer investigated will be shown the written disposition
of the Chief of Police or Division Commander. The officer will be
asked to indicate that he has read the document, and sign and date
the document. Refer to Departmental Order No. 380, Section II, D.
D. Due to the extreme confidentiality and personal nature, personnel
records shall be considered personal aqd private records of the Chief
of Police. He will maintain the integrity of these files and no
information will be released to unauthorized persons without his
expressed approval or unless by Court Order.
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" , . ,. • ... '· . '. •. • ,. • • • • • • • \, . • . • -.-.-,....--;-, • • " " • • ' • • • ,. •• • ' • • • • ' '. .. • • .. -~ • ~ ' • ,. >· .• ' ' ' •• • ' ' " • • ' ' ._ • '. ' ' • \. ' . ' • •
Departmental Order No. 640
PAUL M. WALTERS
Chief of Police
Indexed as:
Page 8
.Procedures Governing Complaints of Police Personnel Misconduct
.Complaints of Police Personnel Misconduct
.Misconduct - Complaints of Police Personnel
.Policy - Investigating Complaints
.Procedure - Misconduct Complaints
.Procedure Complaints
.Report of Complaints
.Telephonic Complaints
.Complainant - Condition
.Internal Investigation
.Investigation - Officers
.Chief of Police - Investigation Complaints
.Allegations of a Crime
.Arrested Sworn Employee
.Disposition
. .
I
MEMORANDUM OF UNDERSTANDING
BETWEEN TiiE CITY OF SANTA ANA AND
THE SANTA ANA POLICE OFFICERS ASSOCIATION
FOR FISCAL YEARS 1990-91, 1991-92 AND 1992-93
ARTICLE I - RECOGNITION
Pursuant to the provision of the Meyers-Milias-Brown Act, Government
Code Section 3500, et seq., the City of Santa Ana (hereinafter called the
"City") has .recognized the Santa Ana Police Officers Association (herein
called the "Association") as the recognized representative of the
bargaining unit which includes police department employees in the sworn, ·
"safety-member" classifications and assignments of Police Officer, Senior
Police Officer, Police Sergeant, Senior Police Sergeant and in the
non-sworn, "miscellaneous-member" classifications and assignments of
Animal Control Officer I and II, Background Investigator, Community
S~rvice Officer, Darkroom Technician, Forensics Aide, Forensic Specialist
I and II, Forensic Services Supervisor, Parking Control Officer, Police
Communications Supervisor, Police Community Services Specialist, Police
Information Officer, Police Investigative Specialist, Police Property and
Evidence Specialist, Police Property and Evidence Supervisor,
Police Recruit, Police Service Assistant, Police Service Officer, Police
Services Dispatcher, Senior Forensic Specialist (T), Senior Parking
Control Officer, and Traffic Services Specialist and excludes all other
non-sworn employees of the Police Department and sworn, "safety-member"
police classes of Police Lieutenant, Police Captain and Police w~ief.
ARTICLE II - NON-DISCRIMINATION CIAUSE
Section 1. The City and Association agree that they shall not
discriminate against any employee because of race, color, sex, age,
national origin, political or religious opinions or affiliations, or in
violation of Government Code Sec. 3500 et seq. The City and the
Association shall reopen any provision of this Agreement for the purpose
of complying with any order of a Federal or State agency or court of
competent jurisdiction requiring a modification or change in any
provisions of t~is Agreement in compliance with State or Federal
anti-discrimination laws.
Section 2. Whenever reference is made to the masculine gender it
shall be understood to include the feminine gender, unless expressly
stated otherwise.
ARTICLE II I - ATTENDANCE, WORKDAY AND WORKWEEK
Section 1. Attendance. Employees covered by this Agreement shall be
in attendance at their work during hours prescribed by the Chief of
Police or his designee(s) and shall not absent themselves during
prescribed hours without approval of the Chief of Police or his
• '; 0 { - \,
Je!S.gne-..,~ J.
Section 2. Definitions.
A. Workdav. Eight (8) hours of work shall constitute a
regular and normal workday for all employees. The regular and normal
workday for sworn, "safety-member" police personnel assigned to Traffic
and Patrol shall be a tour of duty of eight and one-half (8 1/2) hours
with one-half (1 / 2) hour for meals (Code 7 time) and for all others nine
(9) hours with one (1) hour for Code 7 time, which Code 7 time _ shall not
be considered overtime and- is not otherwise compensable except as
provided in the Settlement Agreement executed by the parties hereto on
November 21, 1977, and including Field Operations Divisional Order No.
15, dated February 15, 1978, and attached to said Settlement Agreement as
"Exhibit A."
B. Minimum Workweek. The minimum workweek for all employees
covered by this Agreement shall consist of forty (40) hours.
C. Workweek Schedule During Schedule Changes. The City agrees
to continue the following policy when scheduling days off during shift,
assignment or other schedule changes: except in cases of emergency or
other situations requiring days off for employees to be affected by a
shift, work assignments or other schedule changes, to schedule no more
and no less than five (5) regular and normal workdays, as defined in
subsection A above, during any calendar week; however, and except in
cases of emergency, no employee shall be scheduled to work more than five
(5) consecutive days without the employee's consent. It is the intent of
the parties that each employee so affected, shall receive two (2)
consecutive days off whenever practical.
For purposes of this Subsection, a calendar week begins at
0001 hours on Sunday and ends at 2400 hours on the following Saturday.
ARTICLE IV - SALARIES
Section 1. Basic Compensation Plan. There is hereby established a
basic compensation plan for all members of the Santa Ana Police Officers
Association who are now employed or will in the future be employed in any
pf the designated classifications of employment listed in this Agreement
and its attachments.
Section 2. Salary Schedule. The basic salary schedule, attached
hereto in a matrix format as Exhibit A, and made a part hereof as though
set forth in full herein, provides numerous salary rate ranges, each
comprised of five (5) steps or rates of pay.
The respective rate ranges are identified by a three digit number.
The steps within each range are identified by the letters "A" through "E"
inclusive, with the "A" step being the lowest step in the range. The
purpose of each step and the length of service required for advancement
to the next higher step within a particular salary rate range are set
forth in Section 7 below.
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Section 3. Salaries.
A. Effective July 1, 1990, the base salaries of employees
covered by this Agreement shall be increased by eight (8) salary rate
ranges (4.0%).
B. Effective July 1, 1991, the base salaries of bargaining
unit employees as adjusted in Subsection "A" above, shall be increased
twenty (20) salary rate ranges (10.0%).
C. Effective July 1, 1992, the base salaries of bargaining
unit employees as adjusted in Subsection uB" above, shall be increased by
twenty (20) salary rate ranges (10.0%).
D. The assignment of classes to salary rate ranges during the
term of this Agreement resulting from said increases are listed in
Exhibit B, which is attached and made a part hereof as though set forth
herein.
Section 4. Aoolication of Basic Compensation Plan. The salary rate
ranges . and steps contained in Section 2 hereof are monthly salary rates.
All officers and employees working in classifications of employment
covered by this .A.greement shall be compensated at a monthly rate, except
that an employee hired for temporary work in a position which has an
anticipated duration of less than six (6) months shall be paid at a rate
per hour for actual time spent in the performance of the duties of his or
her employment. Any hourly rate of pay, defined as the regular hourly
rate of pay, shall be computed by dividing the monthly salary rate by
173.33. In determining the hourly rate as herein provided, computation
shall be made to the nearest whole cent and a computation resulting in
exactly one-half cent shall fix the rate at the next higher whole cent.
Section S. Beginning Rates. A new employee of the City of Santa Ana
shall be paid the rate shown as Step "A" in the salary rate range
allocated to the class of employment for which he or she has been hired.
In special instances where such new employee possesses unique and
exceptional educational training .and/or .experience qualifications, the
department head under whom t~e employee will serve, may submit a written
request and justification to the City Manager for authorization to place
such new employee on Step "B" or Step "C" within the allocated salary
rate range, provided that such employee shall be assigned such salary
step upon the commencement of his or her service in the classification of
employment to which the salary rate range applies and such assignment
having once been made shall remain in effect until the said employee
shall be entitled to advance to the nex~ salary step in accordance with
the further provisions of this Article.
Section 6. Service. The word "servicen as used in this Agreement
shall be deemed to mean continuous, full-time service in the
classification in which the officer or employee is being considered for
.. .salary _ advancement, service .in .the higher classification . .or:__serYice in a
classification allocated to the same salary rate range and having
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generally similar duties and requirements. Employees hired after the
first (1st) working day of the month shall not be credited with
"time-in-service" for that month when determining the length of service
required for salary step advancement. A lapse of service by an officer
or employee for a period of time longer than thirty (30) calendar days by
reason of resignation, quit, or discharge, shall serve to eliminate the
accumulated length of service time of such officer or employee for the
purpose of this Agreement and any such officer or employee reentering the
service of the City shall be considered as a new officer or employee,
except that he or she may be reemployed within two (2) years and may be
placed in the same salary step in the appropriate salary range as he or
she was at the time of termination of employment.
Section 7. Advancement Within Ranges . . The following regulations
shall govern salary advancement within rate ranges:
A. Length of Service Advancements. After the salary of an
officer or employee has been first established and fixed under this plan,
- such officer or employee shall be advanced from Step "A" to Step ''B" or
from Step "B" to Step "C' or from Step "C" to Step "D," whichever is the
next higher step to that on which the officer or employee has been
previously paid, effective the first . day of the month following the date
of completion of the length of service for such advancement-as provided
in Section 2 of this Article.
B. Merit Advance. An officer or employee shall be considered
for advancement from Step "D" to Step "E" or upon the completion of t1.e
required length of service as provided in Section 2 of this Article; the
effective date of such merit increase, if granted, shall be on the first
day of the month following the completion of such required length of
service. Advancement to Step "E" may be granted only for continued
meritorious and efficient service and continued improvement by the
officer or employee in the effective performance of the duties of his or
her position. Such merit advancement shall .require the following:
1. There shall be on file in the Office of the Chief
Personnel Officer a copy of each periodic efficiency or performance
report required to be made on the officer or employee by the Civil
Service Rules and Regulations and/or the City Manager during the period
of service time of such officer or employee subsequent to this last
salary advancement.
2. The Chief of Police, at least twenty (20) calendar
days prior to the anticipated completion of such officer's or employee's
required length of service, shall file with the City Manager a statement
recommending the granting or denial for the merit increase and supporting
such recommendations with specific reasons therefore.
3. No advancement in salary above Step "D" shall become
ettective until approved by the City Manager, except when placement on a
salary step above Step "D" results from promotion .under the provisions of
Section 9 of this . .!\rticle.
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· C. Length of Service Required When Advancement Denied. When
an · officer or employee has not been approved for advancement to the next
higher salary step, he or she may be reconsidered for such advancement
after the completion of three (3) months of additional service and shall
be reconsidered for such advancement after the completion of six (6)
months of additional service. This reconsideration shall follow the same
steps and shall be subject to the same actions as provided in the
Subparagraph B (2) and (3) of this Section.
Section 8. Reduction in Salary Steos. Any officer or employee who
is being paid on a salary step higher than Step "D" may be reduced to
Step "D" of the appropriate salary range, . .upon - · the recommendation of .the
Chief of Police, and the approval of the City Manager. Procedure for
such reduction shall follow the same procedure as outlined for merit
advancements in Section 7 above, and such officer or employee may be
considered for readvancement under the same provisions as contained in
Subsection C of Section 7.
Section 9. Promotional Salary Advancement. When an officer or
employee is promoted to a position in a higher classification from a
pos1t1on 1n a lower classification in the same occupational career
ladder, he or she shall be reassigned to Step "A" in the appropriate
salary rate range for the higher classification; provided however~ that
if the base salary step currently being paid such officer or employee is
already equal to or higher than said Step "A", he or she will be placed
in the lowest step in the appropriate salary rate range as will grant
that officer or employee an increase of one (1) salary step over his or
her current base salary step including any additive or additives such as
career development or educational incentive pay, but excluding shift
differential, assignment pay and bilingual pay.
Section 10. Demotion. When an officer or employee is demoted to a
position in a lower classification, his or her salary rate shall be fixed
in the appropriate salary rate range for the lower classification in
accordance with the following provisions:
A. The salary rate shall be reduced by at least one (1) step.
B. The new salary rate must be within the appropriate salary
rate range.
C. The new salary rate shall not be higher than the salary
step to which the officer or employee would have been entitled had his or
her service time in the higher classification been ·spent in the lower
classification. ·
D. If the salary rate recommended by the Chief of Police is
lower than the maximum step permissible under Subsection C above, such
recommendation shall be considered a reduction in pay in addition to the
demotion and shall be handled in accordance with the provisions for
.salary reductions (Section .8, above).
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Section 11. Reallocation of Salary Rate Ranges. Any officer or
employee who is employed in a classification which ·is reallocated to a
different salary rate range from that previously assigned shall be
retained in the same salary step in the new salary rate range as he or
she had previously held in the prior rate range and shall retain credit
for length of service in such step towards advancement to the next higher
step.
ARTICLE V - ASSIGNMENT AND OTIIER SPECIAL PAY ADDITIVES
Section 1. Assignment Pay Differentials.
A. An incumbent in the class of Police Services Dispatcher who
is continuously and regularly assigned to and actually performing in a
lead supervisory and trainer capacity over an assigned shift of Police
Services Dispatchers will be paid at a rate set ten (10) salary rate
ranges -(5%) above his or her then current base monthly salary step.
B. An incumbent in the class of Police Officer who is
continuously and regularly assigned to and actually performing duties of
an Assistant Team Leader (An) will be paid at a rate set five (5) salary
rate ranges (2.5%) above his or her then current base monthly salary step.
Section 2. Shift Differential, Non-Sworn Personnel. An employee in
the class of Police Services Dispatcher who is continuously and regularly
assigned to a schedule of work which requires that he or she actually
work a minimum of four and one-half (4 1/ 2) hours between the hours of
5:00 P.M. and 7:00 A.~. will be paid a shift differential at a rate set
ten (10) salary rate ranges (5.0%) above his or her then current base
monthly salary step.
Section 3. Bilingual Pay. Qualified employees who meet the
following criteria will be paid a monthly pay differential, above his or
her base monthly salary step, as follows:
A. Assignment by the Chief of Police or his designee to a
position requiring bilingual capability in both English and one of the
following languages: Spanish, Samoan, Vietnamese or other language
designated by the City Manager; and
B. Certified by t~e .Chief. Personnel Officer as having
satisfactorily demonstrated conversational fluency in both languages.
C. Effective January 1, 1991, all employees in the
classification of Police Officer shall be paid a bilingual pay
differential in an amount equal to the product ob~~ined by multiplying
the base salary rate then being paid to an employee in the rank of Police ·
Officer Step "E!' by five percent (S.0
9
ci) (ten (10) salary rate ranges).
This differential shall be paid only to those employees in the following
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classifications: Police Officer (320), Police Officer (An)(639), Police
Officer (CSI incentive) (325), Police Officer (CSI +. ATL)(638), Police
Officer (SR I incentive)(332), Police Officer (SR I+ An)(324), Police
Officer (SR II incentive)(321), Police Officer (SR II+ AU)(322), Police
Officer (SR II+ Patrol)(333), Police Officer (SR III incentive)(327),
Police Officer (SR III+ ATI)(328), Police Officer (SR III+
Patrol)(329), Police Officer (SR III+ An+ Patrol)(331), Police Officer
(SR II+ ATL + Patrol)(326).
D. All employees in classifications, sworn or nonsworn,
represented by this agreement, other than those specifically described in
Subsection C above, shall be paid a bilingual pay differential of . . one
hundred fifty dollars ($150.00) per month.
The City agrees to have a "reopener" provision to ·meet and
confer with reference to recommendations of a labor/ management committee
regarding increased bilingual capacity within the police department.
']'J1is reopener shall only apply to implementing recommendations of a joint
labor/ management committee regarding increased bilingual capacity within
the police department.
Section 4. All assignments to positions set forth in Sections 1, 2,
3 above of sworn and non-sworn personnel shall be made or revoked at the
discretion of the Chief of Police in a fair manner.
ARTICLE VI - POLICE CAREER DEVELOPMENT PROGRAM
Section 1. Definitions. For the purpose of clarifying the criteria
for the Police Career Development Program designations set forth in
Sections 3 through 8 of this Article, the following definitions apply:
A. Educational Units. One (1) completed "semestertr unit in an
academic course of instruction approved by the Chief of Police and in an
accredited college or university shall equal one (1) educ~tional unit.
One (1) "quarter" unit achieved in an educational institution as above
shall equal two-thirds (2 / 3) of an educational unit:. "Trimester" units
or other standards of measurement used as a basis in awarding scholastic
credits will be accorded the same evaluation and weight as provided by
the respective accredited college or university. Only completed
coursework credited with a letter grade "C" or better (when evaluated by·
the "Pass /Fail" method) will be accepted. If such -ratings are not
rendered for a specific course, then a certificate of .successful
completion must be submitted.
B. Training Units. Twenty (20) classroom hours or its
equivalent of approved police training shall equal one unit . . Regular,
periodic on-the-job training programs shall not be considered as
fulfilling this requirement.
Neither shall the special training required for Crime Scene
Investigators, Field Training Officers and Advanced Officers or other
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similar mandatory training (e.g., Fi~s~ Aid, C:P:R. Recertifications,
etc.·) nor the basic introductory tra1n1ng or s1m1lar training given an
employee during his or her probationary period be given credit for the
awarding of training units.
1. When college credit is awarded for special training in
police work such units of credit may be counted for .either training units
or educational units as the officer may select.
2. Training units may be earned by the assignment to and
performance of sworn police officer duties other than uniformed field
patrol work .in Field Operations and Field Inspections Divisions, with one
(1) full and continuous month of such assignment equal to one (1)
training unit. Credit for experience in assignments other than patrol
work in Field Operations and Field Inspections Division shall not be
given, unless at least three (3) full and continuous months of such
assignment have been completed. Not more than six (6) units of training
through assignment to non-patrol duties may be earned in any one (1) year
and not more than fifteen (15) such training units by assignment shall be
used in meeting the criteria for the Police Career Development Program
designations as set out in this Article.
Section 2. Crime Scene Investigator (C.S.I.). ftJly sworn,
safety-member Police Of±icer who attains the following educational and
experience requirements and the approval as set out below shall be paid
an additional five (5) salary rate ranges (2.5%) above his or her then
current base monthly salary step. The criteria for such designation
shall be as follows:
A. Completion of two (2) years of experience as a sworn Police
Officer, at least one of which shall be in the Santa Ana Pol~ce ·
Department.
B. Completion of at least thirty (30) educational and/or
training units.
C. Assignment to and actual performance of the duties and
responsibilities of a C.S.I.
D. Completion of a special tra1n1ng course for Crime Scene
Investigators as developed and administered by t~e Santa Ana Police
Department or such alternative course as designated for such purpose by
the Chief of Police.
E. Approval of the Chief of Police. .The _number of such
designations as C.S.I. shall be no larger than the requirements of the
department as determined by the Chief of Police.
Section 3. Senior Police Officer I. Any sworn, safety-member Police
Officer, regardless ot duty assignment, who fulfills the requirements
established in this section shall be designated as .a .Senior Police
Officer I and shall be paid at a rate set fifteen (15) salary rate ranges
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. ..,
(7.5%) above his or her then current base monthly salary step. The
criteria for such designation shall be as follows:
A. Completion of five (5) years of municipal police experience
and attainment of the "E" Step of the base salary rate range for the
Police Officer classification.
B. Completion (acquisition) of at least sixty (60) educational
and/or training units.
C. Approval of the Chief of Police.
Section 4. Senior Police Officer II. Any sworn, safety-member
Police Officer who fulfills the requirements established in this section
shall be designated as a Senior Police Officer II and shall be eligible
to receive one of the career incentive pay differentials set forth in
Subsection "B" below:
A. The criteria for such designation shall be as follows:
1. Completion of seven (7) years of municipal police
experience and attainment of the "E" Step of the base salary rate for the
Police Officer classification.
2. Completion (acquisition) of at least ninety (90)
educational / training units; or possession of an Associate of Arts degree
from an accredited college with an additional fifteen (15) or more
educational/training units.
3. Approval of t~e Chief of Police.
B. Pay Differentials: A Senior Police Officer II will be paid
a career incentive pay differential at a rate set above his or her then
current base monthly salary step in accordance with the following
schedule:
1. Assignment to uniformed patrol duty in Field
Operations Division: Twenty-five (ZS) salary ranges (12.5%).
2. All other assignments: Twenty (20) salary rate ranges
(10%).
Section S. Senior Police Officer III. Any sworn, safety-member
Police Officer who fulfills the requirements established in this section
shall be designated as a Senior Police Officer III and shall be eligible
to receive one of the career incentive pay differentials set forth in
Subsection "B'' below.
A. The criteria for such designations shall be as follows:
1. Completion of nine (9) years of municipal police
experience .. and attainment .of .. the lfE" Step of the .base ... salar:y . . rate for the
Police Officer classification.
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2. Completion (acquisition) of at least one hundred
twenty (120) educational/training units; or possession of an Associate of
Arts degree from an accredited college with an additional sixty (60) or
more educational/training units.
3. Approval of the Chief of Police.
B. Pay Differentials: A Senior Police Officer III will be
paid a career incentive pay differential at a rate set above his or her
then current base monthly salary step in accordance with the following
schedule:
1. Assignment to uniformed patrol duty in Field
Operations Division: Thirty (30) salary rate ranges (15%).
2.
ranges (12.5%).
All other assignments: Twenty-five (25) salary rate
_ Section 6. Senior Police Sergeant I. Any-officer holding the rank
of Police Sergeant in the Santa Ana Police Department, regardless of duty
assignment, who fulfills the requirements established. in this section
shall be designated as a Senior Police Sergeant I and shall be paid at a
rate set fifteen (15) salary rate ranges (7.5%) above his or~ her then
current base monthly salary step. The criteria for such designation
shall be as follows:
A. Completion of five (S) years of municipal police experience.
B. Completion (acquisition) of at least sixty (60) educational
and/or training units.
C. Approval of ·the Chief of Police.
Section 7. Senior Police Sergeant II. Any officer holding the rank
of Police Sergeant in the Santa Ana Police Department, regardless of duty
assignment, who fulfills the requirements established in this section
shall be designated as a Senior Police Sergeant II and shall be paid at a
rate set twenty (20) salary rate ranges (10%) above his or her then
current base monthly salary step. The criteria for such designation
shall be as follows:
A. Completion of seven (7) years of municipal police
experience and attainment of "E" Step of the base salary rate range for
the Police Sergeant classification.
B. Completion (acquisition) of at least ninety (90)
educational and/or training units; or possession of an Associate of Arts
academic degree from an accredited college with an additional thirty (30)
or more educa~ion or training units.
C. Approval of the Chief of Police.
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Section 8. Senior Police Sergeant III. Any officer holding the rank
of Police Sergeant in the Santa Ana Police Department, regardless of duty
assignment, who fulfills the requirements established in this section
shall be designated as a Senior Police Sergeant III and shall be paid at
a rate set twenty-five (25) salary rate ranges (12.5%) above his or her
then current base monthly salary step. Th~ criteria for such designation
shall be as follows:
A. Completion of nine (9) years of municipal police experience
and attainment of "E" Step of the base salary rate range for the Police
Sergeant classification.
B. Completion (acquisition) of at least one hundred twenty
(120) educational / training units; or possession of an Associate of Arts
academic degree from an accredited college with an additional sixty (60)
or more educational/training units.
C. Approval of t~e Chief of Police.
ARTICLE VII - TRAINING AND EDUCATIONAL ASSISTANCE PROGRAM
Section 1. Purpose.
A. To encourage the employees of the City of Santa Ana to take
college courses and special training courses which will better enable
them to perform their present duties and prepare them for increased
responsibilities.
B. To provide financial assistance to eligible employees for
education and training.
C. To establish eligibility requirements, conditions and
procedures whereby such assistance may be provided.
Section 2. Eligibility.
A. Applications for tu1t1on reimbursement will be considered
only from full-time, permanent City employees who have completed
probation.
B. Reimbursement is no- t authorized for courses for which the
employee is receiving financial assistance _ from other sources such as
G.I. Bill, scholarships, etc.
C. Applications will be approved only for courses directly
related to the employee's job or directly related to a promotional
position in the employee's occupational specialty.
D. Courses not obstensibly related to .the.employee's job, but
which are required to qualify for degree that is directly related to his
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or her job may be reimbursable only after all required occupationally
related courses have been completed.
E. Prior to rece1v1ng tuition reimbursement, employees must
submit documentary proof of having received a grade of not less than "C"
for the course. If objective ratings are not rendered for a specific
course, then a certificate of successful completion must be submitted.
F. Approval will be limited to courses given by accredited
colleges and universities, city colleges or adult education courses under
the sponsorship of the various Boards of Education. Work.shops, seminars,
conferences and similar activities not identifiable as a formal course of
instruction within the curriculum of a recognized educational
institution, do not fall within the preview of this program but may be
authorized and funded by the interested department without coordination
with the Personnel Services Department.
G. When an employee is required by his or her department head
to attend a particular course or seminar, the expense shall be borne
entirely by the City.
Section 3. Reimbursement.
A. Reimbursement will be based on the cost of tuition or
registration fees and all required texts and related material for each
course. Additional expenses such as meals and parking fees are not
reimbursable.
B. Costs for required texts are eligible for one hundred
percent (100%) reimbursement subject to the following conditions:
1. That a duplicate of the required text(s) was
unavailable for loan from the departmental libraries prior to the
commencement of coursework;
2. That any textbook(s) purchased by the City shall be
submitted to the employee's respective departmental library .in order that
such text (s ) may be made available to all employees.
C. Tuition or registration costs of fifty dollars ($50.00) or
less are eligible for one hundred percent (100%) reimbursement. Tuition
costs in excess of fifty dollars ($50.00) are eligible for seventy-five
percent (75%) reimbursement. Maximum tuition reimbursement per semester
is three hundred fifty dollars .($350.00). NOTE: Summer session shall be
counted as a separate "semester". for purposes of the . .program.
D. Employees shall be limited, for purposes of tuition
reimbursement, to a maximum of two (2) collegiate level courses of not
more than a total number of units which is equivalent to six (6)
"semester" units per semester. One (1) "quarter" unit shall equal
two-thirds (2 / 3) of one (1) "semester" unit.
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,..
Section 4. Procedures.
A. An employee who desires to seek tuition reimbursement under
the provisions of this Article must complete, in duplicate, an
Application for Training and Educational Assistance form and submit it to
his or her department head.
B. The department head will recommend approval or disapproval
and forward the application to the Chief Personnel Officer.
C. The Chief Personnel Officer will approve or disapprove the
application -for the City Manager. One copy will be returned to the
employee and the duplicate copy will be retained in . the office of the
chief personnel officer. It is advisable that the applicant accomplish
the procedures so far described in order to ascertain the eligibility of
the intended course of instruction for reimbursement under the provisions
of this policy prior to the inception of the course or disbursement of
personal funds.
D. The employee will submit his copy of the approved
application to the Personnel Services Department within .three months
after he has completed the course and received his final grade. He must
include official verification of his final grade with appropriate
receipts for tuition and textbook costs. These will be returned to the
employee upon request. Applications not submitted to the Personnel
Services Department within three months following completion of the
course become void.
E. Upon receipt of the application and required documentation,
the Personnel Services Department will determine whether the completed
course of instruction is compatible with the provisions of Sections 2 and
3 of this article. If found to be compatible, the Chief Personnel
Officer will compute the amount of reimbursement, authenticate the
application and forward it to the employee's department head.
F. The department head will then authorize the Finance and
Management Services Department to reimburse the employee the approved
amount out of the budget of the department concerned.
ARTICLE VIII - OVERTIME
Section 1. General Policy for Overtime Work. Whenever it shall be
determined to be in the public interest .for employees. to perform overtime
work, or in an emergency situation, the City Manager, the Chief of
Police, or an authorized representative of the City Manager or Chief of
Police, may require an employee to perform overtime work.
Section 2. Definition. Overtime work is defined as that authorized
or required .time worked in .excess of the regular .. wor:k.day. and/or workweek
except that work amounting to less than thirty (30) minutes in excess of
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an employee's regular workday shall not be considered overtime.
Effective April 15, 1986, said thirty-minute per-day overtime exclusion
shall apply only to employees exempted from coverage under the overtime
provisions of the Fair Labor Standards Act (FLSA).
A workweek is a fixed and regularly recurring period of 168
consecutive hours - 7 consecutive 24-hour periods - as designated by the
appointing authority.
Section 3. Computation of Forty (40) Hour Workweek. In computing a
regular workday and/or workweek, paid leave for holidays, sickness,
vacation, and other time off with pay shall be credited towards the ·totaL
Section 4. Compensation for Overtime.
A. The preferable method by which overtime shall be
compensated is by monetary payment, at one and one-half (1 1/2) times the
employee's regular rate of pay.
B. Should the Chief of Police determine that the best
interests of the City will be served thereby, he or his designee may
permit an employee to be compensated for overtime work by taking paid
compensatory time off at the .rate of one and one-half (1 1/ 2) times the
employee ' s regular rate of pay.
C. Eligible employees may convert time and one-half (T 1/ 2)
paid overtime to time and one-half (T 1/ 2) compensatory time off, with
the prior permiss~on of the employee's supervisor and subject to the
operational needs of the department. This conversion shall be limited to
the accumulation of eighty (80) hours of earned, unused compensatory · time
off benefits. ·
Twice during each calendar year, on April 1st and December
1st, each affected employee having accrued compensatory time .off credits,
may elect to convert up to forty (40) hours of such a~crued time off
credits to the cash equivalent thereof, to a maximum of eighty (80) hours
per calendar year.
D. Time off wit.~ pay to compensate for overtime worked may be
~ccumulated, subject also to limitations herein elsewhere provided, to a
maximum of eighty (80) hours.
E. Because each hour of overtime worked .is .programmatically
accrued on a time and one-half (T 1/ 2) basis, compensatory time off will
be taken, and monetary payment will be paid, on a .. straight-time basis.
Also, upon termination, any earned, unused compensatory time off
("time-on-the-books") will be paid on a straight-time basis.
Section 5. Incremental Usage. Time off with pay to compensate for
overtime worked may be taken in increments as small as one-half (1/2) .
hour.
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Section 6. Excess Usage. If compensatory time off is used in excess
of that available such excess compensatory time off will, first · be
deducted from any available vacation benefits (in whole hours o~ly since
vacation hours are not recorded in fractions); finally, deducted from the
next scheduled wage or salary payment.
Section 7. No Effect on Other Benefits. Overtime work shall not
apply to the earning of employee benefits (retirement, holidays, vacation
accrual, sick leave accrual and employee insurance benefits), toward the
completion of probationary period or to progression within a salary rate
range.
Section 8. Overtime Work to be Atportioned. To the extent that he
is reasonably able to do so, the Ch1e of Police shall arrange work
programs to minimize overtime work; necessary overtime work shall be
apportioned among employees of like classification and assignment.
Section 9. Advance Compensation for Overtime. Time off with pay as
compensation for overtime may not be granted or taken in advance of the .
overtime work for which the time off compensates. Before compensatory
time off with pay may be taken, as herein provided, the overtime worked
must have been recorded .. on official payroll records at or about the time
the overtime work was performed. In the absence of such recording, no
compensatory time off with pay will be permitted.
Section 10. Employees Excluded from Overtime. Exempt employees who
work on an hourly, daily, seasonal or part-time basis, are not eligible
for compensatory time off with pay for work, or for monetary compensation
at time and one-half (T 1/ 2) for overtime work.
Section 11. Com ensation for Overtime: Other Exclusions. No
overtime pay or compensatory time o with pay shall be allowed an
employee for attendance at conventions, conferences, seminars or the
like, unless such employee is ordered to attend. Overtime pay or
compensatory time off with pay shall be permitted only for attendance on
such employee's normal days off or for time beyond a normal workday's
·duration. Overtime pay or compensatory time off with pay shall not be
allowed for travel time to and from conventions, association meetings,
conferences , seminars or the like , should such time occur outside the
employee's normal work schedule, unless the employee is ordered to attend.
Section 12. Call-Back-Duty. Any employee covered by this Agreement
who 1s recalled to active duty from off-duty, shall be entitled to
overtime pay at the rate of one and one-half (1 1/ 2) times the normal
hourly pay rate for such employee for time actually . worked after
reporting to the place of duty, or to two (2) hours' pay at the normal
rate of pay, whichever is greater.
Section 13. Accrued Overtime Paid Upon Promotions or Upon
Separation. Upon an employee's appointment to a position in which
overtime may not be earned or upon an employee ' s separatiorr from
employment with the City by resignation , retirement, layoff or otherwise,
he or she shall forthwit1 be compensated for any overtime accumulated to
the time immediately preceding such promotion or separation.
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Section 14. Court Appearance. Compensation for court appearance by
pers·onnel covered by this Agreement shall be as fol1ows:
A. For each court appearance made by an employee during his
or her off-duty time in regard to city business three (3) hours' overtime
will be granted and paid on a straight time basis. If court appearances
are made both in the morning and afternoon of a particular day, three
(3) hours will be allowed for each session attended. The employee must
provide a copy of the subpoena requiring his or her attendance to
initiate payroll procedures. Such employee may not receive time off with
pay as compensation for overtime accrued as a result of court appearances.
B. A subpoenaed employee scheduled to appear in court on City
business during off-duty time may be placed on stand-by status by his or
her department head or authorized representative. In the event such
off-duty employee is on stand-by status during any court session and is
not required to appear in court, such employees shall be compensated two
(2) hours' overtime, paid on a straight time basis, for each court
session. If such off-duty employee on stand-cry actually appears in
court, he or she shall be compensated only as provided in Subsection A,
supra. Any employee on stand-by status who fails to appear in court
ready to testify within (30) minutes after notification to appear shall
not receive compensat~on for either stand-by or for appearance.
C. Notwithstanding Subsections A and B, supra, whenever an
employee either commences or terminates his or her on-duty shift while he
or she is appearing in court or is on stand-by status, his or her sole
compensation for off-duty time spent in court or on stand-by shall be on
a straight time basis paid in half-hour increments.
D. Effective April 15, 1986, the above provisions of this
Section shall apply only to personnel exempted from coverage under the
overtime provisions of the FLSA.
Section 15. Creation of Compensation Time Bank.
A. /:my member of the Association who works overtime, or has
accrued but unused holidays, can designate that he or she will contribute
the value of such time to a bank for use by members of the Association
for the purposes and subject to the restrictions provided herein.
B. Any member of the Association may receive time off for the
welfare of officers, community service and any lawful activity of the
Association with pay drawn from the bank described in Subsection A of
this Section, provided that said employee first gain approval for said
use by the executive board of the Association in the manner specified by
its rules as adopted from time to time, and subject to the approval or
disapproval of the Chief of Police consistent with the operational needs
of the Police Department.
C. No withdrawal or use of such bank may be made by or on
behalf of an employee ordered to take time off without pay for discipline
imposed by the Chief of Police or his designee.
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r I
Section 17. Com ensation of Voluntar Contract Overtime. Exclusive
of other provisions of this Article, except Section 7 lNo E feet on Other
Benefits) supra, Police Officers and Polic~ Sergeants i.mo voluntarily
agree to perform contract security services at games, parades, dances and
similar public events shall be compensated at the rate of one and
one-half (1 1/2) times the employee's regular rate of pay.
The Chief of Police shall determine how many off-duty police officers
should serve as security officers at each event. Police Officers and
Sergeants represented by the Association shall be given first opportunity .
to volunteer for said off-duty assignments. If, after a reasonable
period of time, an insufficient number of police officers have
volunteered to work such assignments, the Chief of Police may offer the
remaining "openings" to any person(s) he deems capable of performing the
work at whatever straight-time pay rate the City considers to be
appropriate.
ARTICLE IX - HOLIDAYS
Section 1. Legal holidays observed by full-time permanent and
probationary employees covered by this Agreement are as follows:
o January 1st - New Year's Day.
o Third (3rd) Monday in January - In observance of Martin Luther
King Jr. 's Birthday. (Effective January 1990)
o Third (3rd) Monday in February - In memory of George
Washington's Birthday.
o Last Monday in May - In commemoration of Memorial Day.
o July 4th - In observance of Independence Day.
o First (1st) Yionday in September - In observance of Labor Day.
o ~ovember 11th - In observance of Veteran's ·nay.
o Fourth (4th) Thursday in November - In observance of
Thanksgiving Day·.
o The Friday immediately following Thanksgiving Day.
o December 25th - In observance of Christmas Day.
o Last working day before Christmas Day, unless Christmas falls on
a Thursday, in which instance, the day following Christmas Day
shall be observed in lieu thereof.
o One (1) Floating Holiday - Any wor_ kday selected by the employee
with prior permission of the· employee's supervisor.
o Every day proclaimed by the Mayor of the City .as a holiday for
City employees.
Any holiday which falls on a Sunday will be observed on the following
Monday. Any holiday which falls on a Saturday will be observed on the
Friday preceding the Holiday.
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Section 2. Full-time permanent and probationary employees covered by
this Agreement shall be entitled to receive eleven (11) working days off
during the calendar year in lieu of the holiday benefits specified in
Section 1, supra, until December 31, 1989. Thereafter, the number of
said substitute holidays shall be twelve (12).
Said substitute holidays may be taken at any time during the calendar
year with prior permission of the employees' supervisor and subject to
the operational needs of the department. However, if an employee who
separated from the service of the City has taken time off for holidays in
advance of the date or day the holiday actually occurred, he or she must
pay the City the cash value for such used but unearned holiday time off
benefits prior to or at the time of separation. ·
Section 3. A newly appointed employee must actually work at ·least
one day preceding the day a holiday listed in Section 1, supra, actually
occurs in order to receive credit for such holiday during the month in
which it occurs.
An employee separating from the service of the City must actually
work at least one day following the day a holiday listed in Section 1,
supra, actually occurs in order to receive compensation for that holiday.
A newly appointed employee must complete six (6) months of continuous
full-time service in order to receive credit for .the Floating Holiday
listed in Section 1 above.
Section 4. Holiday time off may only be taken in increments of eight
(8) hours.
Section S. Holiday benefits may not be carried over from one
calendar year to the next.
ARTICLE X - VACATION
Section 1. Purpose. It is the policy of the City to grant employees
vacation leave in order to provide them with a break in their regular
work schedule and this purpose will be used as a guide in the
administration of the provisions of this Article.
Section 2. Regular Vacation Period.
A. Regular vacation with pay is granted ·to-- each full-time
permanent or probationary employee at the rate of 15 working days for
each completed year of service, accrued at the rate of 10 working hours
for each completed month of service. Employees hired after August 9,
1979 shall be granted regular vacation at the rate of 10 working days for
each of his or her first and second completed year of service, accrued at
the rate .of 6 2/3 hours for .each completed month nf ..service. Thereafter,
all such employees shall be granted regular vacation at the rate of 15
working days for each completed year of services, accrued at the rate of
10 working hours for each completed month of service.
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· B. An employee who has completed less than one year's service
during the calendar year shall receive a proportionate fraction in
accordance with the amount of service to his credit during the year;
provided, however, no employee shall be entitled to, or receive payment
for, any vacation until he has completed six (6) months of continuous
service.
C. On or after the first (1st) day of the month following
completion of six (6) months of continuous full-time service, an employee
may be allowed to take all or a proportionate fraction of his or her
earned vacation, subject to scheduling approval of the employee's
supervisor.
D. Absence on sick leave for a period in excess of fifteen
(15) consecutive calendar days shall not be considered as service for
vacation accrual purposes.
E. Vacation time off may be taken in increments as small as
one (1) hour, with fractional usage rounded upward to the next higher
multiple of one (1).
F. Computation of Regular Vacation:
1. In computing regular vacation, each municipal holiday
that occurs during the vacation, and that falls on a day which the
employee would have worked had he or she not been on vacation, shall be
deducted from the computation so that one (1) additional day of regular
vacation shall be allowed to the employee unless departmental practice
provides some other manner of compensating for municipal holidays.
Should an employee be confined to a hospital for sickness or injury while
on authorized vacation, each full day of such confinement, when confirmed
by a physician's statement and approval of the Chief of Police, may be
deducted from the computation of vacation expended and charged against
the employee's accumulated sick leave. ·
2. No employee may carry over from one calendar year to
the next, more than the equivalent of two (2) regular vacation periods
from the previous two (2) years, and vacation not taken beyond that
amount is forfeited. A regular vacation period is defined as the maximum
amount of vacation earned in a calendar .year as provided in Subsection A,
supra.
3. No employee shall have a right to accumulate or split
his or her vacation, but the same may be allowed or required by the Chief
of Police. Each affected employee shall be afforded ·the opportunity to
submit vacation selection(s) and the Chief of Police or his designee
shall make every reasonable effort to accommodate the employee's vacation
preference(s). The time at which an employee shall take his or her
vacation shall be determined by the Chief of Police, with due regard for
the wishes of the employee and particular regard for the needs of the
service.
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Section 3. Longevity Vacation.
A. Each permanent employee is granted additional work days of
vacation leave with pay for each computed year of full-time, continuous
city service as set forth in the following table. This additional
vacation shall be designated longevity vacation.
Completed Additional Hourly Equivalent
Years Days of Additional Days
6 1/2 4
7 1 8
8 1 1/2 12
9 2
16
10 2 1/2 20
11 3 24
12 3 1/2 28
13 4 32
14 4 1/2 36
15 s 40
16 6 48
17 7 56
18 8 64
19 9 72
20 10 80
B. No employee becomes eligible for longevity vacation until
completion of the sixth year of continuous service, and each employee
continues to earn the maximum of ten (10) working days (80 hours) of
longevity vacation for each completed year of service in excess of ~nty
(20) years. ·
C. A period of earlier service does not apply toward longevity
vacation accumulation . when .an employee has had a break in...continuous
service, unless the break in service is concluded by reappointment, as
provided in Section 9-114 of the Civil Service Rules and Regulations, or
by reemployment from layoff within two (2) years.
D. Leave of absence without pay, as provided in Article XI,
Section IE (Sick Leave-Extended) and Section 8 (Authorized Absence
Without Pay - Long Term) herein, does not constitute a break in
continuous service as used in this section; however, the leave of absence
period shall not be applied toward the accumulation of longevity
vacation. Absence on military leave followed by reinstatement, as
provided in Section 9-116 of the Civil Service Rules - -and Regulations,
does not constitute a break in service, and t~e period of absence on such
military leave shall be applied toward the accumulation of longevity
vacation.
Section 4. Limitation on Vacation. With the exception of a retiring
employee, no employee is granted, and no employee shall be .. allowed to
take, any vacation leave with pay in excess of fifty (50) working days
{400 hours) in any one year by any combination of the vacations granted
in this Agreement. Further, no employee may carry over from one calendar
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year to the next more than the equivalent of one longevity · vacation
period and the equivalent of one regular vacation period from the
previous two (2} years, and vacation not taken beyond that amount is
forfeited. Therefore, the maximum vacation that an employee with less
than six (6) years' service could accumulate is thirty (30) working days
(240) hours and only an employee with more than twenty (20) years'
service could carry over and take the authorized maximum of fifty (SO)
working days (400 hours) in any one year.
Notwithstanding the foregoing, any affected employee who is in
jeopardy of losing vacation pursuant to this or other provisions of ·this
Article governing vacation leave, may administratively apply to the Chief
of Police for a 30-day extension beyond the normal cut off date so that
such employee will not lose vacation time.
Section 5. Excess Usage. If vacation time off is used in excess of
that available, such excess vacation time off will be, first, deducted
from any available compensatory time off accrual; finally, deducted from
the next scheduled wage or salary payment.
ARTICLE XI - OTI-fER LEA. VES OF ABSENCE
Section 1. Sick Leave.
A. Definition. Except as otherwise provided below, sick leave
shall be deemed to mean absence from duty of an employee because of
illness or injury that prevents the employee from performing the duties
of his or her position, and shall be deemed to include time in quarantine
resulting from exposure to a contagious disease.
All "safety member" employees hired after July 1, 1981, and all
persons employed as "safety members" by the City as of July 1, 1981, with
five years of service or less shall not be entitled to use sick leave
during periods of absence due to industrial illness or injury or to
extend any leave of absence due to industrial illness or injury which
leave is compensable under Labor Code Section 48S0; provided that when
said employees working for the City as of July 1, 1981, who then have
five (5) years of continuous service with the City, they shall be able to
use such leave during such absences in the same manner and to the same
extent as persons employed as "safety members" by the City as of July 1,
1981, who have already completed five (5) years of continuous service
with the City.
B. Accrual. Each employee shall be entitled to, and shall
earn, one (1) working day of sick leave for each full calendar month of
service in which he or she is employed by the City with full pay;
provided, however, any absence on sick leave for a period of time greater
than fifteen (15) consecutive calendar days in any one (1) calendar month
shall not be considered to be service entitling an empioyee to earn sick
leave as aforesaid. Subject to the other provisions in this Article,
sick leave shall accrue to the credit of each employee to the extent that
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it is not used. Notwithstanding the foregoing, employees on leave of
absence for service-connected illness or injury who are covered by the
provisions of Labor Code Section 4850, shall continue to accumulate one
(1) day of sick leave for each full calendar month of service for which
he or she is employed by the City with full pay during said absence for
service-connected illness or injury.
C. Authorized Onl~ When Necessary. Use of sick leave by City
employees shall be authorize as follows:
1. Sick leave is not a right which an employee may use at
his or her discretion, but shall be allowed only in cases of necessity
and actual sickness or disability, or as authorized in Subsection J below.
2. With respect to "miscellaneous-member" employees
covered by this Agreement, when such an employee's absence is caused by
an industrial illness or injury", for which benefits are required to be
provided under the State Workers' Compensation Insurance and Safety Act,
the City shall pay 100% of salary for the first three (3) days of such
absence and sick leave shall not be debited.
D. Limit. The maximum total .accumulation of sick leave
with pay shall be two hundred (200) working days. Sick leav~ usage of
less than a full day shall be charged in minimum increments of one (1)
hour, with fractional usage rounded upward to the next higher multiple of
one (1).
E. Extended. The City Manager may grant leave up to six
months without pay to an employee who has exhausted all of his or her
accrued sick leave if the City physician or a licensed physician
designated by the City Manager indicates that the employee will be
sufficiently recovered to return to his or her employment within a six
(6) months' period. Prior to the expiration of the additional time, the
employee may return to his or her position provided that he or she has a
certificate from one of the above mentioned physicians stating that the
employee is able to perform all the duties of his or her position without
qualification. In addition to the above, t~e City Manager may grant a
further extension not to exceed a total of one (1) year without pay.
F. Extension by Use of Vacation. After an employee's sick
leave has been exhausted he or she may be granted permission to take any
earned vacation he or she may have accrued.
G. Notice. The employee taking sick .leave shall notify his
or her immediate supervisor not less than one (1) hour prior to the time
he or she is scheduled to report for duty. When the absence is more than
three (3) consecutive working days, the employee must present to his or
her department head a physician's certificate stating the cause of
illness and that, in the physician's opinion, the employee could not
report to work because of such illness or injury and that the employee is
sufficiently recovered to safely return to work. ..Such....c.ertif i.cate shall
be transmitted to the chief personnel officer with the report of the
return of the employee to work.
A physician's certificate or other satisfactory written
evidence of actual illness or injury may be required after an absence of
any duration less than three (3 ) days.
H. Denial. ·No employee shall be entitled to sick leave
with pay while absent from duty because of sickness or injury purposely
self-inflicted or caused by willful misconduct; or sickness or disability
sustained while engaged in employment other than employment by the City,
for monetary gain or other compensation, or by reason of engaging in
business or activity for monetary gain or other compensation.
I. Excess Usage. If sick leave is used in excess of that
due and available to an employee, such excess sick leave, will first, be
deducted from any available compensatory time off benefit; second, from
any available vacation leave benefit; finally, deducted from the next
scheduled wage or salary payment.
J. Personal Necessity Leave. Each employee shall be
afforded the opportunity to use up to three ·(3 ) days (24 hours) of sick
leave benefits per calendar year (on a non-cumulative basis) for
"personal necessity leave," which circumstances shall include serious
accidents or illnesses to members of the employee's immediate family ,
childbirth, imminent danger to the employee's home or other valuable
property, or the existence of external circumstances beyond the
employee's control making it impractical for him/her to report for duty .
K • P-ayment for Unused Sick Leave.
. 1. Except in cases of disabi l ity retirement, upon
non-disciplinary termination of employment after ten (10) years of
cumulative full-time service with the City, each qualified employee shall
be entitled to payment for one-t~ird (1 / 3) of the total sick leave
benefit credited to his or her account upon the effective date of such
termination, not to exceed a maximum limit of 53.33 working ~ days, at the
rate of pay effective on the date of such termination.
At the employee's election, payment for unused sick leave
may be received in either- a lump sum of money, or in equal monthly
payments for a period of up to five (5) years.
A lump sum payment shall be made to the beneficiaries of
any eligible employee whose death occurs while such employee is an active
employee of the City, such payment to be in the amount of one-third (1/ 3)
of the total sick leave benefit credited to the employee's account at the
time of his or her death, and at the rate of pay effective on the date of
death.
2. At his or her -option, an employee may convert any
lump sum payment provided herein into health insurance premiums, to the
extent necessary to provide the employee and his or her designated
eligible dependents, if any, with benefits under the health insurance
program maintained by the City. The City's obligation to pay such
·premiums shall be terminated upon the happening of any of the following
events:
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a. Premiums have been paid on behalf of the former
employee for a period of five (5) years beyond the date of termination of
employment; or
b. The sum of premiums paid equals one-hundred
fifty percent (150%) of the amount of the lump sum payment that the
employee would have received for unused sick leave benefits had this
option not been elected.
Section 2. Bereavement Leave. An employee shall be granted up to
three (3) days' leave without .loss of pay in case of death of a member of
the employee's immediate family. Such leave is designated as bereavement
leave. "Immediate family" as used in this section is limited .to:
A. kny relative by blood or marriage who is a member of the
employee's household;
B. A parent, parent-in-law, spouse, child, brother, sister,
grandparent or grandchild of the employee, regardless of residence;
C. Any other relative of the employee by blood or marriage
where "it can be established by the employee that as a result of such
relative's death, the employee's presence is required.
Section 3. Militarv Leave.
A. Proof of Orders and Reinstatements. An employee shall be
granted military leave if he or she furnishes the Chief Personnel Officer
satisfactory proof of his or her orders to report for duty. Upon return
and upon showing proof of actual service pursuant to such orders, he or
she will be reinstated as provided in Section 9-116 of the Civil Service
Rules and Regulations of the City of Santa Ana.
B. Temporary. Members of the reserve forces of the United
States, or the National Guard, granted temporary leave when ordered .to
duty, in accordance with the Military and Veterans Code, will be granted
leave with pay not to exceed thirty (30) calendar days in each calendar
year after one year ' s service with the City upon presenting satisfactory
proof of orders to and from such temporary active duties.
Section 4. Jury and Witness Leave. When an on-duty employee is
called to serve as a juror or a non-party witness in any court action, he
or she shall be allowed leave for the time actually required for such
service, without loss of pay .. Each on-duty employee .called for such
service shall present to his or her department head for examination the
subpoena calling him or her to such service and shall pay into the City
Treasury the fees collected for such service, with the exception of
reimbursement for transportation expenses, if any.
Section S. Examination Leave. Employees participating in
examinations conducted during their normal working hours for positions in
the competitive service of the City of Santa Ana will · be. granted leave
with pay for the time actually required, without loss of any accrued
vacation or compensatory time off benefits.
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Section 6. Unauthorized Absence . . Unauthorized absence from duty
for any duration ot time may be considered cause for dismissal . . Absence
from· duty without leave for five (5) consecutive working days shall be
deemed a resignation from the service; provided, however, if upon return
to duty the person so absenting himself makes an explanation satisfactory
to the department head of the cause of his absence, the department head
may restore him to his position, with the City Manager's approval.
Section 7. Authorized Absence Without Pa . Absence without pay
not to excee ive 5 consecutive wor ing ays, may be authorized by
the department head. Absence without pay not to exceed fifteen (15)
calendar days may be authorized by the department with the approval of
the City Manager. Such absences may be authorized only if in the
judgment of the department head they serve the best interest of the City.
Section 8. Authorized Absence Without Pay~ Long Term. Upon
receipt of a wTitten request from an employee having permanent status
plus action by the department head recommending approval of the request,
the City Manager may grant a leave of absence for up to six (6) months
for the following reasons only, except as otherwise provided in these
rules:
A. Illness of the employee, or of a member of his or her
immediate family residing in the employee's household, requires - that the
employee move from the vicinity of the City as a remedial healtb measure
and a designated physician indicates that such removal from the City is
necessary and will not be required for longer than six (6) months; or
B. The employee has been appointed by another municipality
to a position of -greater responsibility in a field of employment wherein
the employee possesses special competence, and such appointment
constitutes an advancement in responsibility and authority over that
required in his /her employment with the City of Santa Ana.
An employee returning to duty with the City shall inform
the department head and Chief Personnel Officer of his or her intention
at least thirty (30) calendar days prior to the expiration of the six (6)
months period or shorter period if the full six (6) months is not taken.
Upon receipt of such notice, the department head will take steps
necessary to restore the employee to his or her former position.
Section 9. Administrative Leave.
The City Manager is authorized to grant, at his discretion,
administrative leave with or without pay for permanent employees if, in
his opinion, such a leave is in the interest of . the City.
Section 10. Industrial Leave.
A. Each "safety member" employee covered by the prov1s1ons
of Labor Code Section 4850 who is compelled to be absent from duty
because of an illness or injury covered by the State ~ of California
Workers' Compensation Insurance and Safety Act shall, in lieu of
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temporary disability compensation payable under the aforementioned Act,
continue to be paid his or her normal salary and accrue other benefits in
accordance with the provisions of Labor Code Section 4850.
B. Any period of time during which an employee is required
to be absent from his or her position by reason of an industrial injury
or industrial illness for which he or she is entitled to receive
compensation shall not be considered a break in continuous service for
the purpose of his or her right to salary adjustment or to the accrual of
vacation and seniority.
ARTICLE XII - EMPLOYEE INSURANCE
Section 1. During the term of this Agreement the City will
contribute toward the payment of premiums for health, dental and
long-term disability insurance plans administered by the Association for
the benefit of the employee represented by the Association as follows:
A. Health Insurance.
1. With respect to each affected employee who does not
have dependents included under a health insurance plan, the City will
continue to contribute one hundred seventy-five dollars and t~irty-two
cents ($175.32) per month.
a. Effective October 1, 1990, the City will
increase said contribution by seventeen dollars and ninety-four cents
($li.94) for a new total City contribution of $193.26 toward such
employee-only health insurance coverage. The $li.94 increase represents
50% of the amount of the 1990-91 increase in the total mont.hiy premium
for the most expensive employee-only coverage among HMO plans provided oy
the City for its non-POA employees.
b. Effective October 1, 1991, the City will
inc:ease its contribution for such employee-only coverage by an amount
equal to 30% of the dollar increase in the City's premium for the most
expensive employee-only coverage among HMO plans provided by the City for
its ncn-POA employees.
c. Effective October 1, 1992, the City will
increase its contribution for such employee-only coverage by an amount
equal to 50% of the dollar increase in the City's premium for the most
expensive employee-only coverage among HMO plans provided by the City for
its non-POA employees.
2. With respect to each affected employee who does have
dependents included under a health insurance plan, the City will continue
to contribute two hundred ninety-seven dollars ($297.00) per month.
a. Effective October 1, 1990, the City will
increase said contribution by forty-nine dollars and twenty-five cents
($49.25 ) , for a new total City contribution of $346.25 toward such family
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coverage. The additional $49.25 represents 50% of the amount of the
1990~91 · increase in the total monthly premium for the most expensive
family coverage -among HMO plans provided by the City for its non-POA
employees.
b. Effective October 1, 1991, the City will
increase its contribution for such family coverage by an amount equal to
50% of the dollar increase in the City's premium for the most expensive
family coverage among HMO plans provided by the City for its non-POA
employees. ·
c. Effective October 1, 1992, the City will
increase its contribution for such family coverage by an amount equal to
50% of the dollar increase in the City's premium for the most expensive
family coverage among HMO plans provided by the City for its non-POA
employees.
B. Dental Insurance. The City will continue to contribute
up to a maximum of twenty dollars ($20.00) per month for each affected
employee enrolled in dental insurance plans provided by the Association
for its bargaining unit members and their eligible dependents. Any
contributions necessary to maintain benefits under said dental plans in
excess of $20.00 per month shall be borne entirely by the Association
and/or the enrollees.
C. Long-Term Disability (L.T.D.) Insurance. The City shall
continue to contribute an amount toward the payment of premiums for each
employee who is enrolled in the long-term disability insurance plan
provided by the Association for employees covered by this Agreement in
accordance with the following schedule:
1. Wi tJ1 respect to sworn, "safety-member" police
personnel, up to a maximum of sixty-eight dollars ($68.00) per month per
enrollee.
2. With respect to non-sworn, "miscellaneous-member"
personnel, up to a maximum of sixty-four dollars ($64.00) per month per
enrollee.
Any contribution necessary to maintain benefits
under such long-term disability insurance plan provided by the
Association for covered employees in excess of the amounts set forth as
above shall be borne by the Association and/or the enrollees.
Section 2. Life Insurance . . The City shall · .maintain in effect for
the term of this Agreement its existing life insurance plan for employees
covered by this Agreement on the same basis as said plan was offered to
employees as of December 31, 1988 except the term life insurance coverage
for each affected employee will be in the amount of twenty thousand
dollars ($20,000), plus twenty thousand dollars ($20,000) accidental
death and dismemberment (AD+ D) coverage, at no cost to the employee.
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ARTICLE XIII - RETIREMENT
Section 1 - General. The City shall continue to make
contributions to P.E.R.S. in accordance with its contract with P.E.R.S
for employees covered by said contract as amended on January 1, 1990.
Section 2 - Deferred Retirement. The City shall continue to make
payment to P.E.R.S. on behalf of each employee covered by this Agreement
in accordance with the following schedule:
A. With respect to "safety-member" employees, the City shall
pay an amount equal to nine-ninths (9/9ths) of his or her individual
employee retirement contribution.
B. With respect to "miscellaneous-member" employees covered
by this Agreement, the City shall pay an amount equal to 100% of his or
her individual employee retirement contribution.
Such payments shall be · credited to the individual
employee's P.E.R.S. account.
Such payments are not increases in base salary and no
salary rate range applicable to any of the employees covered by this
Agreement shall be changed or deemed to have been changed by- reason
thereof. As a result; the City will not treat these payments as ordinary
income and thus, will not withhold federal or state income tax from said
payments. The City has received an opinion or ruling from the Internal
Revenue Service confirming that these payments are deferred compensation,
not ordinary income.
In the event that the City receives a .subsequent ruling
from the Internal Revenue Service that such payments are ordinary income
of the employees instead of deferred compensation, the City's obligation
to make such payments shall discontinue and in place thereof the base
salary of each affected employee shall forthwith be increased by eighteen
(18) salary rate ranges (9.090) for "safety-member" and fourteen (14)
salary rate ranges (7.0%) for all "miscellaneous-member" employees
covered by this Agreement.
For the purpose of reporting an employee's compensation
to P.E.R.S., the City shall include these payments as if they were a part
of · the employee's base salary.
ARTICLE XIV - RELEASE TIME FOR ASSOCIATION REPRESENTATIVE
During the term of this Agreement, the City agrees to grant
full-time release from duty for one (1) Association representative for
the conduct o~ Association affairs subject to the following:
Section 1. The Association shall reimburse __tlie . City for one
.hundred percent (100%) of salary (including any salary additives, such as
career incentive pay) and benefit costs. Such reimbursement may be from
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the bank established pursuant 'to Section 15 of Article VIII of this
Agreement.
Section 2. The Association shall provide an insurance policy
or policies, or certificate of such insurance, naming the City of Santa
Ana, its officers, employees and agents as insured or additional insured,
which provides coverage against liability fpr any and all claims and/or
suits for damages or injuries to persons or property resulting from or
arising out of any act or omission of said Association representative.
Said policy or policies of insurance shall provide coverage for both
bodily injury and property damage in not less than the following minimum
amounts: One million dollars ($1,000,000.00) combined single limit or
its equivalent. Said policy or policies shall also contain a provision
that no termination, cancellation or change or coverage of insured or
additional insured shall be effective until thirty (30) days notice
thereof has been given in writing to the City of Santa Ana.
Section 3. The Association shall provide the City of Santa
Ana with an insurance certificate from a workers ' compensation insurance
carrier certifying that it carries primary workers' compensation
insurance on behalf of said Association representative and the policy
shall not be cancelled nor the coverage reduced except upon ten (10)
days' prior notice to the City of Santa Ana.
Section 4. The Association shall indemnify and save harmless
the City of Santa Ana, its officers and employees, from and against any
and all damage to property or injuries to or death of any person or
persons, including property and employees or agents of the City of Santa
Ana, and shall defend, indemnify and save harmless the City of Santa Ana,
its officers and employees, from any and all claims, demands, suits,
actions or proceedings of any kind of nature, including, but not by way
/ of limitation, workers' compensation claims, resulting from or arising
out of the negligent acts, errors, or omissions, or arising out of the
intentional or malicious acts of Association's representative.
Section 5. The Association and the City of Santa Ana agree
that Association ·s representative will not be required to carry out any
peace officers' duties during such time that Association ' s representative
is on such full-time release from duty. The Association's representative
will be required to comply with the Rules and Regulations of the Santa
Ana Police Department as they apply to off-duty employees, except such
representative will not be required to report for duty for any purpose.
Section 6. Upon return to duty from such full-time release,
the Association's representative shall be restored to the same position
without loss of any benefits as he or she would have occupied or accrued
if there had been no disruption in duty status.
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ARTICLE XV - SAFETY .
The City and the Employees of the City agree to comply with all
applicable federal, state and local laws, and City of Santa Ana
regulations, which relate to health and safety.
ARTICLE XVI - RESIDENCY
Section 1. F.mployees covered by this Agreement are permitted to
reside outside the limits of Orange County, so long as such residency is
not an unreasonable distance from, nor requires an unreasonable response
time to, the particular employee's place of employment.
A. Any employee desiring to take advantage of the
opportunity to reside outside of Orange County shall first request
permission to do so from the Police Chief. Said request shall be granted
by the Chief of Police if he determines the intended residence is not an
unreasonable distance from and/or does not require an unreasonable
response time to the employee's place of employment.
B. If .the Chief of Police refuses said request, the employee
shall have a right to appeal said determination to the City Manager.
ARTICLE XVII - DISCIPLINE
Section 1. kny permanent employee covered by this Agreement may
only be disciplined in accordance with the standards and procedures and
subject to all rights of appeal set forth in Santa Ana Municipal Code
Sections 9-9, 9-10, 9-118.1, et seq. Any probationary employee covered
by this Agreement may be disciplined in accordance with the standards .and
procedures set forth in Santa Ana Municipal Code Sections 9-90, 9-91,
9-118, and subject to review in accordance with the grievance review
procedure contained in this Agreement.
Section 2. In addition, a new section shall be added to the
Municipal Code to provide as follows:
A. In the event an employee is ordered to absent himself
from the job based on probable cause and it is subsequently determined by
the Department Head, the City Manager, Personnel Board or a court of .
competent jurisdiction, that cause did not exist .. for.the· ordered absence,
the employee shall have restored to him any paid ·leaves of absence
against which such absence may have been charged, and he shall be granted
a retroactive leave of absence with pay for the time during which he was
prohibited from performing the duties of his position, less any
compensation paid to him by the City during such ordered absence unless
such employee waives his/her rights to retroactive pay.
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B. In the event an employee is reduced, suspended and/or
discharged, and upon appeal the City Manager, Personnel Board or a court
· of competent jurisdiction does not sustain such reduction, suspension,
and/or discharge, the employee shall be entitled to his base rate or
salary including all additives, vacation, and sick leave as if such
unsustained reduction, suspension, or discharge had not been invoked.
However, in no event shall an employee be entitled to any salary or
credit for vacation and sick leave for any period of time covered by a
suspension sustained on appeal or for any period of time waived by the
employee as a condition to the granting of a continuance of any hearing
on appeal.
C. If during an absence for which an employee is paid
pursuant to this Section, he earned any money which he would not have
earned had he continued to perform the duties of his position, such sum
shall be deducted from the salary otherwise payable to him pursuant to
this Section.
ARTICLE XVIII - GRIEVANCE REVIEW PROCEDURE
Section 1. Definition of Grievance. A grievance shall be defined
as a timely complaint by an employee or group of employees or the
Association concerning the interpretation or application of specific
provisions of this Agreement, or of the rules and regulations governing
personnel practices or working conditions of the City; except, however,
those matters specifically assigned to the jurisdiction of the City
Personnel Board by provision of the City Charter and the Civil Service
Rules and Regulations.
~o employee shall suffer any reprisal because of filing or
processing of a grievance or participating in the Grievance Review
Procedure.
Section 2. Informal Process.
A. An employee must first attempt to resolve tie grievance
on an informal basis through discussion with his or her immediate
supervisor without undue delay, but in no case, beyond a period of five
(5) working days after the occurrence of the alleged incident giving rise
to the grievance, or when the grievant knew or should have reasonably
become aware of the facts giving rise to the grievance.
B. The supervisor will respond to .the .. grie.vance within five
(5) working days of receiving the grievance. ·
C. If the grievance is not resolved at the immediate
supervisor level, the employee within five (5) working days of the
supervisor's response will attempt to resolve the grievance on an
informal basis through discussion with his or her Section Commander. The
Section Commander will respond to the grievance within ·three (3) working
days of receiving the employee grievance.
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D. Every effort shall be made to find an acceptable solution
to the grievance through this informal process.
E. In order that this informal process may be responsive,
all parties involved shall expedite this process. If, within_ thirteen
(13) working days, a mutually acceptable solution has not been reached at
the informal level, the employee shall then set forth the grievance in
writing, indicate the nature of the action desired, sign it, and submit
it in duplicate to his or her immediate supervisor. At this point, the
grievance review process becomes formal. Should the grievant fail to
file a written grievance, and in the manner specified above, within ten
(10) working ·days after discussing the grievance with his or her Section
Commander, the grievance shall be barred and waived.
Section 3. Formal Process.
A. If the grievance is not resolved through the informal
process, and a written grievance is filed within the time limits set
forth above, the grievant ' s immediate supervisor and Section Commander
will add their comments and any justification they consider proper, sign
it, and forward it to their Division Commander without undue delay, or in
no case, more than three (3) working days.
B. The Division Commander, after study of the case, shall
attach his or her decision and reasons therefore, and return them to the
employee witnin three (3) working days after receipt of the written
grievance.
C. If no satisfactory settlement has been reached at the
division level, the employee may, within six (6) working days_after
receipt of the Division Commander ' s .decision and reason(s) therefore,
carry the matter to the Chief of Police. To do so, the employee shall
describe on separate correspondence, the reason why he or she is not
satisfied, and shall submit this, with the original form through his or
her superior officer and Division Commander to the Chief of Police.
Failure of the grievant to take t~is action will constitute a waiver and
bar to the grievance , and the grievance will be considered settled on the
basis of the Division Commander's response.
D. If the grievant files a wTitten grievance to the Chief of
Police in the manner and within the time limits specified in "C" above,
then a conference shall be held at the request of the employee or the
Chief of Police.
E. The Chief of Police shall inform the employee of his
action within ten (10) working days after receipt of the request for
settlement. The original of the grievance form and the Chief's decision
shall be filed in the Personnel Records of the department.
F. If no satisfactory settlement has been reached at the
depar.tmenr.al level, the employee .may, within six (6J . .work.ing .days after
being informed by the Chief of Police of his decision on the matter, and
the reasons thereof, submit the grievances in writing to the City
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Manager, or his duly authorized representative, for determination.
Failure · of the grievant to take this action will constitute a waiver and
bar to the grievance, and the grievance will be considered setti'ed on the
basis of the Chief of Police's response.
The City Manager, after a careful review, shall render a final
decision on the merits of the grievance, in writing, and return it to the
grievant within fifteen (15) working days after receiving the grievance.
A copy of the written grievance to the City Manager, and of the City
Manager's decision, shall be filed in the Personnel Records of the
department and the grievant's personnel jacket maintained .. in the
Personnel Services Departm~nt.
G. After the procedure set forth in this Article has been
exhausted, the grievant, the Association, and the City shall have all
rights and remedies to pursue said grievance under the law.
ARTICLE XIX - DUES DEDUCTION AND INDEMNIFICATION
Section 1. Dues Deduction. The City shall deduct dues, on a
regular basis, from tne pay of all employees recognized to be represented
by the Association, who voluntarily authori:e such deduction, in writing,
on a form to be provided for this purpose by the City. The City shall
remit such funds to the Association within thirty (30) days following
their deduction.
Section 2. Indemnification. The Association agrees to hold the
City harmless and indemnify the City against any claims, causes of
actions, or lawsuits instituted by a member or members of the Association
arising out of the deductions or transmittal or such funds to the
Association, except the intentional failure of the City to transmit, to
the Association, monies deducted from the employees pursuant to this
Article.
ARTICLE XX - CITY RIG'rITS
Section 1. The City reserves, retains, and is vested with, solely
and exclusively, all rights of Management which have not been expressly
abridged by specific provision of this Agreement or by law to manage the
City, as such rights existed prior to the execution of this Agreement.
The sole and exclusive rights of ~1anagement, as they are not abridged by
this Agreement or by law, shall include but not be limited to the
following rights:
A. To manage the City generally and to determine the issues
of policy.
B. To determine the existence or non~.exis.tence of facts
which are the basis of the Management decision.
C. To determine the necessity of organization of any service
or activity conducted by the City and expand or diminish services.
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D. To determine the nature, manner, means, and technology,
and extent of services to be provided to the public.
E. To determine methods of financing.
F. To determine types of equipment or technology to be used.
G. To determine and/or change the facilities, methods,
technology, means, and size of the work force by which the City
operations are to be conducted.
H. To determine and change the number of locations,
relocations, and types of operations, processes, and materials ·to ·be used
in carrying out all City functions including, but not limited to, the
right to contract for or subcontract any work or . operation ··of ·the Ctty.
I. To assign work to and schedule employees in accordance ·
with requirements as determined by the City, and to establish and change
work schedules and assignments.
J. To relieve employees from duties for lack of work or ·
similar non-disciplinary reason, subject to the provisions of the City
Charter, Municipal Code, federal and state law and this Agreement.
K. To establish and modify productivity and performance
programs and standards.
L. To discharge, suspend, demote, or otherwise discipline
employees for proper cause in accordance with the provision and
procedures set ~orth in the City Charter and Santa Ana Municipal Code.
M. To determine job classifications and to reclassify
employees.
N. To hire, transfer, promote, .and demote employees for
non-disciplinary reasons in accordance with this Agreement.
0. To determine policies, procedures, and standards for
selection, training, and promotion of employees.
P. To establish employee performance standards including,
but not limited to, quality and quantity standards and to require
compliance therewith.
Q. To maintain order and efficiency in its facilities and
operations.
R. To establish and promulgate and/or modify rules and
regulations to maintain order and safety in the City which are not in
contravention .with this Agreement.
S. To take any and all necessary action- ·to -carry -out the
mission of the City in emergencies.
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Section 2. Except in emergencies, or where the City is required
to make changes in its operations because of the requirements of law,
whenever the contemplated exercise of Management's rights shall impact on
a significant number of employees of the bargaining unit, the City agrees
to meet and confer in good faith with representatives of the Association
regarding the impact of the contemplated exercise of such rights prior to
exercising such rights, unless the matter of the exercise of such rights
is provided for in the Agreement. ·
Section 3. Except as modified by provisions of this Agreement, no
employee covered by this Agreement shall suffer, during the term of this
Agreement, a reduction in wages, hours or other economic compensation for
which he or she is eligible and which he or she enjoyed prior to entering
into this Agreement.
ARTICLE XXI - STRIKES AND WORK STOPPAGES
Section 1. Prohibited Conduct.
A. The Association, its officers, agents, representatives,
and/or members agree that during the term of this Agreement, they·will
not cause or condone any unlawful strike, walkout, slowdown, sick-out or
any other unlawful job action by withholding or refusing to perform
services.
B. Any employee who participates in any conduct prohibited
in Subsection A_above shall be subject to suspension, demotion or
dismissal by the appointing authority.
C. In addition to any other lawful remedies or .disciplinary
actions available to the City, if the Association fails, in good faith,
to perform all responsibilities listed below in Section 2, Association
Responsibility, the City may suspend any and all rights and privileges,
accorded to the Association in this Agreement, including but not limited
. to suspension of the Grievance Review Procedure and dues deduction.
Sec:ion 2. Association Responsibility. In the event t~at the
Association, its otticers, agents, representatives, or members engage in
any of the conduct prohibited in Section lA of this Article, Prohibited
Conduct, the Association shall immediately instruct any persons engaging
in such conduct that their conduct is in violation of this Agreement and
unlawful, and t~ey must immediately cease engaging in conduct prohibited
in said Section lA, and return to work. ·
ARTICLE XXII - IAYOFFS
The City shall follow and adhere to Santa Ana Municipal Code
Section 9-119 regarding layoffs. Section 9-119 of the Santa Ana
Municipal Code states:
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"All layoffs within the competitive service occasioned by the
abolishment of a position, the combination of duties of two (2) or more
positions, or the reduction in number of employees in a given class shall
be governed by seniority in service and performance . . Reemployment shall
be in reverse order of layoff."
ARTICLE XXIII - MISCELLANEOUS PROVISIONS
Section 1. Ph sical Standards for Police Officers. The City
agrees to ormulate a Labor Management committee to stu y and recommend
physical standards for Police Officers and to develop incentives for the
maintenance of required physical standards.
Section 2. Drug Testing. The City and the Association agree to
have a "reopener" provisions to meet and confer regarding the impact of
the implementation of a drug testing policy by the City .
. Section 3. Extradition Policy. The City agrees that the Police
Department shall revise its extradition policy to provide a means for
officers to receive sufficient advance compensation to permit each
officer assigned to extradition duty to obtain separate lodging
accommodations.
ARTICLE XXIV - SOLE AND ENTIRE AGREEMENT
Section 1. It is the intent of the parties .hereto that the
provisions of t1is Agreement shall supersede all prior .agreements and
memoranda of agreement, or memoranda of understanding, or contrary sa_ lary
and/or personnel rules and regulations or administrative codes,
provisions of the City, oral and written, expressed or implied, between
the parties, and shall govern the entire relationship and shall be the
sole source of any and all rights which may be asserted hereunder. This
Agreement is not intended to conflict with federal or state law or the
City Charter.
Section 2. The City will continue to administer its employee
relations and its personnel policies and procedures in accordance with
duly-adopted ordinances and resolutions and the affected employees will
continue to be governed thereby during the term of this Agreement.
ARTICLE ID - WAIVER OF BARGAINING DURING TiiE TERM OF IBIS AGREEMENT
During the term of this Agreement, the parties mutually agree that
they will not seek to negotiate or bargain with regard to wages,. hours,
and terms and conditions of employment, whether or not covered by the
-36-
Agreement or in the negotiations leading thereto, unless required by
specific provisions of this Agreement, and irrespective of whether or not
such matters were discussed or were even within the contemplation of the
parties hereto during the negotiations leading to this Agreement.
Regardless of the waiver contained in this Article, the parties may, .
however, by mutual agreement, in writing, agree to meet and confer about
any matter during the term of this Agreement.
ARTICLE XXVI - SEPARABILITY PROVISION
Should any provision of this Agreement be found to be inoperative,
void, or invalid by a court of competent jurisdiction, all other
provisions of this Agreement shall remain in full force and effect for
the duration of this Agreement, provided that if any such affected
provisions invalidate or void any benefits of employees covered
hereunder, the parties shall forthwith commence negotiations to replace
the invalidated benefits with benefits of comparable value.
ARTICLE L.VVII - TERM OF AGREEMENT
The term of this Agreement shall be from July 1, 1990, through June
30, 1993.
ARTICLE XXVIII - RATIFICATION AND EXEClITION
The City and the Association have reached an understanding as to certain
recommendations to be made to the Citv Council for the Citv of Santa Ana
and have agreed that the parties hereto will jointly urge said
Council to adopt .a new wage and salary resolution which ·will provide for
the changes contained in said joint recommendations. The City and the
Association acknowledge that this Agreement shall not be in full force
and effect until ratified by t.~e membership of the Association and
adopted by the City Council of the City of Santa Ana. Subject to the
foregoing, this Agreement is hereby executed by the authorized
representati..lres of the Citw the A;jsociation and entered into
this 2 o tJ,- day of tSJ~ ~~ , 1990. .
-3i-
Dated:
Dated:
/2 - ID- '1 o
Dated: I~ -1p-f c>
ATTEST:
~u Y~l OF TifE COUNCH,
APPROVED AS TO FORM:
CITY OF SANTA ANA, a
Municipal Corporation of
the State of California
SANTA ANA POLICE
OFFICERS ASSOCIATION
This Agreement has been ratified by the membership of the Santa Ana
Police Officers Association.
Date: ----"'/_2_---_/_v-- __ ~_'-' ___ _
-38-
· "
..
It _
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salar:.• race ranges ar2 ~cienc:..=.eci !:>y a =--,_~-:ii.gi
7
num:>er anc :.i,.e SCl!?S by ::,.e
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are sun:mar: -ed as fo l:!.ows :
A St eo - Nor.:lal begi.."tning ?&y ~ace.
B Step - Auc::mac:.c Inc=ease - Af::!::- 6 mes. ser.rice in ne.-a: lc,wer seep.
Also Q?t::.onal hir--ng race.
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- Step - ~e.:-:.c: Race - Ar-~ 18 ms.' .serric:2 in ~ lower seep.
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EXIII BlT B
ASSIGNMENT OP CLASSES REPRESENTED BY TIIE SANTA ANA POLICE OFFICERS ASSOCIATION
TO SALARY RATE RANGES FOR FISCAL YEARS 1990-91, 1991-92 AND 1992-93
SALARY RATE RANGES EFFECTIVE:
7-1-90 7-l-9L 7-1-92
Cl.ASS TITLE . H (Min-Max) II (Min-Max) II (Min-Max)
PERS Safett-Member Classes
Pol ice Officer 5'17 ($3010-3658) 567 ($33L8-'1034)
. 587
($3658-4448)
Police Sergeant 590 ($3710-45.ll) 610 ($'109L-4978) 630 ($4511-5488)
PERS Miscel "laneo11s-Memher Classes
Animal Control Officer 1 LI 85 ($2223-2703) 505 ($2451-2980) 525 ($2703-3285)
Animal Control Officer II 515 ($2574-3129) 535 ($2838-3449) 555 ($3129-3803)
Background Investigator 500 ($2391-2907) 520 ($2637-3205) 540 ($2907-3533)
Community Service Officer 470 ($2066-2511) 490 ($2277-2769) 510 ($2511-3052)
Darkroom Technician '180 ($2169-2637) 500 ($2391-2907) 520 ($2637-3205)
Forensics Aide 392 ($1413-L7L7) 412 ($1557-1892) 432 ($1717-2086)
Forensic Specialist I 490 ($2277-2769) 510 ($2511-3052) 530 ($2769-3365)
Forensic Specialist fl 519 ($2626-3192) 539 ($2896-3519) 559 ($3192-3880)
Forensic Services Supervisor 556*($3144-3822) 576 ($3467-4215) 596 ($3822-4648)
Parking Control Officer 450 ($1874-2277) 470 ($2066-2511) 490 ($2277-2769)
Police Communications Supervisor 545 ($2980-3622) 565 ($3285-3994) 585 ($3622-4404)
Po lice Conununi ty Services Spec i a Ii st 500 ($2391-2907) 520 ($2637-3205) 540 ($2907-3533)
Police Information Officer 517 ($2600-3160) 537 ($2867-3484) 557 ($3160-3841)
Police Investigative Specialist 500 ($2391-2907) 520' ($2637-3205) 540 ($2907-3533)
Police Property & Evidence Specialist 483 ($2201-2676) 503 ($24 27-2950) 523 ($2676-3253)
Police Property & Evidence Supervisor 503 ($2427-2950) 523 ($2676-3253) 543 ($2950-3586)
Pol ice Recruit 509 ($2500-3040) 529 ($2758-3352) 549 ($3040-3695)
Police Service Assistant 464 ($2007-2439) 484 ($2212-2690) 504 ($2439-2965)
Police Service Officer 480 ($2169-2637) 500 ($2391-2907) 520 ($2637-3205)
Po Lice Services Dispatcher 505 ($2451-2980) 525 ($2703-3285) 545 ($2980-3622)
Senior Forensic Specialist (T) 546 ($2995-3640) 566 ($3302-4014) 586 ($3640-4426)
Senior Parking Control Officer 470 ($2066-251 L) 490 ($2277-2769) 510 ($2511-3052)
Traffic Services .Specialist 500 ($2391-2907) 520 ($2637-3205) 540 ($2907-3533)
'le
Effective 12-1-90
" -
,
.-.

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Description

Collection of materials, Santa Ana police department policing philosophy of the chief of police, ethnic and sex composition of department, departmental order procedures governing complaints of police personnel misconduct, memorandum of understanding between the city of Santa Ana and the Santa Ana police officers association, 1990-1992.

Asset Metadata

Core Title Santa Ana police department materials, 1990-1992

Tag OAI-PMH Harvest

Format 64 p. (format), application/pdf (imt), memorandums (aat), official reports (aat)

Permanent Link (DOI) https://doi.org/10.25549/webster-c100-29766

Unique identifier UC11446201

Identifier box 15 (box),web-box15-17-02.pdf (filename),folder 17 (folder),webster-c100-29766 (legacy record id)

Legacy Identifier web-box15-17/web-box15-17-02.pdf

Dmrecord 29766

Format 64 p. (format),application/pdf (imt),memorandums (aat),official reports (aat)